BIVAS SARDAR @ VOBO v. STATE OF WEST BENGAL AND ORS.
WPA/19316/2026 · 2026-09-03
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 38232 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38232 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
03.09.2026 06 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 19316 of 2026
Bivas Sardar @ Vobo –Versus – The State of West Bengal & Ors. Mr. Arka Kumar Nag
Mr. Soham De Dhara
Mr. Alminhaz Karim
Mr. Akash Ghosh
….for the petitioner
Mr. Sauvik Nandy
Mr. Subhajit Das
…for the State respondents
Mr. Sagnik Bhattacharyya
…for the respondent no. 7 & 8
1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, propriety of two FIRs being Joynagar Police Station Case No. 749/26 dated 11th July, 2026 and Joynagar Police Station Case No. 751/26 dated 12th July, 2026 is questioned. 3) Learned advocate representing petitioner submits that petitioner has been arraigned in aforesaid two criminal prosecutions after being elected as member of West Bengal Legislative Assembly in Assembly Election, 2026. In the same breath, it is also submitted on behalf of petitioner that petitioner has been granted pre-arrest bail from court below. 2 According to petitioner, aforesaid two criminal prosecutions are vexatious and frivolous requiring intervention of this Court. 4) State respondents are represented by Mr. Nandy, learned advocate who has opposed this writ petition and on instruction submits that aforesaid two criminal prosecutions are pending against petitioner. 5) In view of availing alternative remedy and since petitioner has obtained pre-arrest bail in connection with aforesaid two FIRs, propriety of criminal proceedings since being questioned by petitioner need not be delved into at this stage. 6) However taking note of prayer made on behalf of petitioner to inform particulars of other FIRs, if pending against petitioner as on date; Deputy Inspector General of Police (Legal), West Bengal is directed to intimate petitioner such information by ten days from date on forwarding a communication. 7) Liberty is granted to learned advocate for petitioner to amend cause-title of writ petition and array Deputy Inspector General of Police (Legal), West Bengal as additional respondent in course of this day. However, service of notice upon Deputy Inspector General of Police (Legal), West Bengal stands dispensed with since State respondents are represented by learned advocate. 8) It is made clear that issues raised in this writ petition are not decided and kept open since petitioner has obtained pre-arrest bail. 9) Writ petition stands disposed of.
3 10) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)