Kutubddin Sarkar @ Kutubuddin Sarkar and Ors. Vs the State of West Bengal

01.04.2026 Sl.No.55 Ct.No.28 NB

CRM (A) 663 of 2026

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bishnupur P.S. Case No.1149 of 2025 dated 30.12.2025 under Sections 126(2)/117(2)/110/76/351(2)//3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶4

And

¶5

In the matter of: Kutubddin Sarkar @ Kutubuddin Sarkar & Ors.

¶6

... petitioners

¶7

Mr. Uday Sankar Chattopadhyay, Ms. Rajashree Tah, Ms. Aishwarya Datta, Ms. Sadia Parveen, Mr. Chandan Das, Ms. Debrani Mondal. …for the petitioners.

¶8

Mr. Pravas Bhattacharyya, Mr. Debadrita Mandal.

¶9

...for the State.

¶10

Learned counsel appearing on behalf of the petitioner submits as follows. There was a scuffle between a group of villagers and an advocate and his family staying in the village. The said advocate had been unnecessarily harassing the locals by lodging frivolous complaints. There are case and counter case. Both sides suffered injuries. But, none was grievous in nature.

¶11

Learned counsel appearing on behalf of the State strongly opposes the prayer of the anticipatory bail. He refers to the FIR, the statements of local witnesses and the injury reports of four victims. Although the FIR contained the names of all the 26 petitioners, the

¶12

2

¶13

witnesses had specifically named the petitioner nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 as the assailants.

¶14

While the injury reports of the victims in the other case annexed in the application does not show infliction of any grievous injury, some of the injury reports of the victims in the present case, shows serious injuries inflicted on vital parts of the body. In fact, a pregnant woman was assaulted. Another victim received lacerations on the scalp, which required stitches for repair.

¶15

Considering the above, the other materials available in the case diary and the alleged roles ascribed to each of the present petitioners, while I am inclined to grant anticipatory bail to the petitioner nos.15 (Jarjina Bibi Sarkar), 16 (Samson Bibi Sarkar @ Samsan Bibi Sarkar), 17 (Inda Robbi Sarkar), 18 (Parijan Bibi Sarkar), 19. (Sakina Bibi), 20. Suktara Bibi @ Suktara Sarkar), 21 (Kashmira Bibi Sarkar), 22, (Rehena Bibi Sarkar @ Rehana Bibi Sarkar), 23 (Hanufa Bibi @ Hanupha Bibi), 24 (Najira Bibi @ Najira Sk.), 25 (Marufa Bibi @ Marupha Bibi) and 26 (Rohan Hossain Sarkar), the application for anticipatory bail of the petitioner nos.1 to 14 is rejected.

¶16

Accordingly, in the event of arrest, petitioner nos.15 (Jarjina Bibi Sarkar), 16 (Samson Bibi Sarkar @ Samsan Bibi Sarkar), 17 (Inda Robbi Sarkar), 18 (Parijan Bibi Sarkar), 19. (Sakina Bibi), 20. (Suktara Bibi @ Suktara Sarkar), 21 (Kashmira Bibi Sarkar), 22, (Rehena Bibi Sarkar @ Rehana Bibi Sarkar), 23 (Hanufa Bibi @ Hanupha Bibi), 24 (Najira Bibi @ Najira Sk.), 25 (Marufa Bibi @ Marupha Bibi) and 26 (Rohan Hossain Sarkar) shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject

¶17

3

¶18

to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner nos.15 to 26 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner no.26 (Rohan Hossain Sarkar) shall meet the Investigating Officer once a week till submission of report in final form and shall stay outside the jurisdiction of Bishnupur Police Station for a period of two months except for meeting the Investigating Officer or attending the jurisdictional Court.

¶19

The application for anticipatory bail is partly allowed and disposed of.

¶20

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

¶21

(Jay Sengupta, J.)

Kutubddin Sarkar @ Kutubuddin Sarkar and Ors. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Kutubddin Sarkar @ Kutubuddin Sarkar and Ors. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Petitioner Vs State of West Bengal and Anr.

Sk. Mahammad Mamud @ Laden @ Mabud Ali Vs State of West Bengal and Anr.

Avijit Jha Vs State of West Bengal and Anr.

Bijoya Ghosh Vs State of West Bengal 7 Ors.

Nantu Sing Vs State of West Bengal

XXX1 and Ors. Vs State of West Bengal