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2026 DAILYLAW 37771 (CAL)

SUSANTA SARKAR AND ANR. v. STATE OF WEST BENGAL

CRM (A)/2889/2026 · 2026-09-02

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L827 02.09.2026 Bpg. Allowed C.R.M. (A) 2889 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Matia Police Station Case No.316 of 2016 dated 22.06.2026 under Sections 318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023; Susanta Sarkar & Anr. Versus The State of West Bengal Mr. Kallol Kumar Basu Md. Jannat ul Firdous Mr. Rajsekhar Hota. …for the petitioners. Mr. Gurudas Mitra Mr. Utsav Dutta. …for the State. Mr. Md. M. Rahaman. …for the de facto complainant. Learned advocate appearing for the petitioners submits that the petitioners and the de facto complainant had entered into an agreement. The same was executed. However, there has been a dispute. Learned advocate for the de facto complainant submits that no-objection certificate was issued for usage of the branded name, licence and the machineries. Learned advocate for the State opposes the prayer for anticipatory bail. I have taken into account the nature of the dispute. 2 Although a case may have been made out but case for custodial detention of the petitioners have not been made out. As such, the prayer for anticipatory bail of the petitioners are allowed. Accordingly, in the event of arrest, the petitioner no.1, namely, Susanta Sarkar and the petitioner no.2, namely, Badsha Mondal shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioners shall report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case till the report in final form is submitted before the jurisdictional court. Thus, CRM(A) 2889 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.) 3