Allowed¶7

Amal Sarkar and Anr. v. State of West Bengal

Calcutta HC27 Oct 2025CRM (A)/3128/2025

Case brief

AI extract

What is this about?

CRM(A) 3128 of 2025; Amal Sarkar and another; anticipatory bail; Section 482 BNSS 2023; Section 46 Bengal Excise Act 1909; Bamongola P.S. Case No.92 of 2025; liquor seizure Rs.13,980; bond Rs.10,000; Section 438(2) CrPC; Section 482(2) BNSS; Jay Sengupta, J.; application allowed; decision date October 27, 2025.

What did the court decide?

Anticipatory bail granted to both petitioners in the event of arrest, on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions of cooperation with investigation, fortnightly reporting by petitioner No.1 till final report, and abstention from threatening or intimidating witnesses. ¶7

Amal Sarkar and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

¶1

AD 11 October 27, 2025 Ct. 28 SG CRM(A) 3128 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bamongola P.S. Case No.92 of 2025 dated 13.06.2025 under Section 46 of the Bengal Excise Act, 1909. And In the matter of: Amal Sarkar and another … petitioners Md. Wasim Akram … for the petitioners Mr. Anand Keshri Mr. Santanu Talukdar … for the State

¶2

Learned counsel for the petitioners submits that bottles of liquor worth Rs.13,980/- were allegedly seized from the petitioners’ residence. These were actually made for consumption at an upcoming programme. The maximum punishment is one year’s imprisonment along with fine. No notice was given to the petitioners.

¶3

Learned counsel for the State opposes the prayer for anticipatory bail and relies on the case diary. He points to the FIR as well as the statements of neighbours and the seizure list.

¶4

Considering the nature of allegations, the quantity of liquor seized and the other materials on record, I am inclined to grant anticipatory bail to the petitioners.

¶5

¶6

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of whom must be local, 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, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioners shall cooperate with the investigation, the petitioner No.1 shall meet the investigating officer once a fortnight till submission of report in final form and the petitioners shall not threaten or intimidate witnesses.

¶7

The application for anticipatory bail is, thus, allowed.

¶8

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

¶9

(Jay Sengupta, J.)

Amal Sarkar and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Amal Sarkar and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

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What the court decided

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