Debabrata Sarkar Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Debabrata Sarkar Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release on bail in the event of arrest, subject to the satisfaction of the investigating officer/arresting officer and the conditions under Section 438(2) Cr.P.C. and/or Section 482(2) BNSS; petitioner to meet the Investigating Officer by 7th August, 2026 and thereafter follow up with the investigation until submission of the charge sheet.

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. / Section 482 BNSS should be granted to the petitioner in connection with Barasat PS Case No. 244 of 2026. +1 more

Court's answer

The State has not been able to satisfy the Court that any amount was actually given to the petitioner.

Ratio / Principle

Although a case may be made out for investigation (misuse of power in transferring persons for non-payment), custodial detention of the petitioner is unwarranted.

Key takeaways

Prayer for anticipatory bail is allowed; in the event of arrest the petitioner is to be released on bail, subject to the satisfaction of the investigating officer/arresting officer and to the conditions laid down under Section 438(2) Cr.P.C. and/or Section 482(2) BNSS.ratio¶19
As a condition attached to the bail, the petitioner shall meet the Investigating Officer for the first time by 7th August, 2026 and thereafter follow up with the investigation on dates fixed by the Investigating Agency until the charge sheet is submitted before the jurisdictional Court.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner, who was Chairman of the District Primary School Council (resignation tendered 11.05.2026), applied under Section 438 Cr.P.C./Section 482 BNSS in connection with Barasat PS Case No. 244 of 2026 dated 13.06.2026 under Section 308(2) BNS 2023, having allegedly demanded Rs. 2 Lakhs and 50 Thousand from Assistant Teachers for transfers. The complainant's statement had been recorded under Section 183 BNSS. Finding that the State could not show that any amount was actually paid to the petitioner, and that although a case was made out for investigation custodial detention was unwarranted, the Court allowed the prayer: release on bail in the event of arrest, subject to the officer's satisfaction and the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS, with a condition to meet the Investigating Officer by 7th August, 2026 and follow up until charge sheet. (Tirthankar Ghosh, J.; 22.07.2026.)

22.07.2026 Court No.35. D/L. 693. Kausik (Allowed)

CRM (A) 1853 of 2026

In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Barasat PS Case No. 244 of 2026 dated 13.06.2026 under Section 308(2) of the BNS, 2023..

And

In the matter of : Debabrata Sarkar

……Petitioner.

Mr. Arabinda Chatterjee, Sr. Adv. Mr. P. Saha Ms. Shreyosi Chakraborty

……for the Petitioner.

Mr. Brajesh Jha, APP Mr. Somnath Adhikary

……for the State.

Learned senior advocate appearing for the petitioner submits that petitioner was the Chairman of the District Primary School Council and the present case has been instituted against him as he demanded a sum of Rs. 2 Lakhs and 50 Thousand from different Assistant Teachers for transferring them to a nearby location.

It has been further contended that petitioner tendered his resignation on 11.05.2026.

Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the statement of the different affected persons. The statement of the

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complainant was recorded under Section 183 of the BNSS, 2023.

I have taken into account the overall circumstances but the State has not been able to satisfy this Court to the tune that any amount was given to the present petitioner.

Having considered the same and the present case is of misuse of power for transferring persons for non-payment, I am of the opinion that although a case may be made out for investigation but custodial detention of the petitioner is unwarranted.

As such, prayer for anticipatory bail of the petitioner is allowed.

As such, I direct that in the event of arrest, the petitioner be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

As the investigation of the case is in progress petitioner shall for the first time meet with the Investigating Officer of the case by 7^th August, 2026 and thereafter follow up with the investigation on the date fixed by the Investigating Agency till the charge sheet is submitted before the jurisdictional Court.

With the aforesaid observations CRM (A) 1853 of 2026 is

allowed.

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Memo of Evidence submitted 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.)