Niranjan Sahu @ Niranjan Shaw @ Thukra v. State Of West Bengal

22.01.2024 Item No.38 Ct. No. 29 CHC Allowed C.R.M.(A) 165 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jhargram Police Station Case No. 343 of 2022 dated 14.11.2022 under Sections 20(b)(ii)(B)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

And In the matter of : Niranjan Sahu @ Niranjan Shaw @ Thukra ...... petitioner Mr. Mijanul Kabir, Mr. Enamul Islam ....for the petitioner Mr. Saibal Bapuli, Ld. A.P.P.

Ms. Sayanti Santra ....for the State Petitioner prays for anticipatory bail.

Police filed charge-sheet.

Police are proceeding on the basis of the statement of coaccused while in custody. At this stage, police are unable to demonstrate any nexus between the petitioner and the person arrested with the narcotics which were seized. Seized narcotics are below commercial quantity.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, 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 and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 165 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)