Sujan Mandal v. State Of West Bengal

27.02.2026 Court No.28 Item No.30 tbsr Allowed CRM (A) 434 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak P.S. Case No.2092 of 2025 dated 23.12.2025 under Sections 21(C)/27A/29 of the NDPS Act.

And In the matter of: Sujan Mandal ....Petitioner Mr. Arup Kumar Bhowmick ....for the petitioner Ms. Anasuya Sinha, ld. APP Ms. Nandini Chatterjee ....for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the only material available against the petitioner is the statement of a co-accused, which is not admissible in evidence. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that there is no phone call record or money trail available to implicate the petitioner. There are criminal antecedents. But, none of them relate to the offences under the NDPS Act.

In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further condition that the petitioner shall cooperate with investigation, shall meet the I.O. once a week till submission of report in final form, shall not threaten or intimidate witnesses, shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)