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2026 DAILYLAW 39223 (CAL)

KHAIRUL SARKAR v. STATE OF WEST BENGAL

CRM (A)/964/2026 · 2026-09-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 Court No.35. M/L.113. Rakib (Allowed) CRM (A) 964 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Itahar Police Station case no. 232 of 2024 dated 13.05.2024 under Sections 341/325/307/506/34 of the Indian Penal Code, 1860. And In the matter of : Khairul Sarkar ……Petitioner. Mr. Amit Ranjan Pati Mr. Ashok Halder ......for the Petitioner. Mr. Krishnendu Bhattacharya, Ld. APP Mr. Koustav Lal Mukherjee ……for the State. Learned advocate appearing for the petitioner submits that petitioner has been foisted with the present criminal case. Learned advocate appearing for the State has opposed the prayer for anticipatory bail and submitted that injuries were inflicted at the behest of the present petitioner. I have taken into account the injury report as well as the fact that charge-sheet has already been submitted before the jurisdictional Court. Having considered the nature of injury, I am of the opinion that custodial detention of the present petitioner is unwarranted. As such, prayer for anticipatory bail of the present petitioner namely, Khairul Sarkar is allowed. Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper subject to the conditions as laid down under Section 438(2) of the Code of Criminal 2 Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since, charge-sheet has already been submitted before the jurisdictional Court this order of anticipatory bail of petitioner shall remain in force for a period of six weeks from date. Accordingly, CRM (A) 964 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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 with all requisite formalities. (Tirthankar Ghosh, J.)