Bhabesh Kumar Sarkar @ Bharat v. State Of West Bengal
02.04.2026 Serial no. 72 [G.S.D] CRM (NDPS) 546 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Kaliganj Police Station Case No. 843 of 2024 dated 27.09.2024 u/s 20(b)(ii)(c)/29 of the NDPS Act arising out of NDPS Case No.90/2024.
-AndIn the matter of : Bhabesh Kumar Sarkar @ Bharat ... ... Petitioner(s) Mr. J. I. Hossain ... for the Petitioner(s) Mr. Arijit Ganguly Md. Yaser A. Ismail ... for the State-respondent(s) Although, the subject-matter of the case relates to alleged recovery of 39.80 kg of ganja but so far as the present petitioner is concerned, he has been implicated as an accused only on the basis of statement of a co-accused. Learned advocate added that there has been no recovery from the present petitioner.
Learned advocate for the State opposes the prayer for bail and, on a query from this Court, he submits that there is neither any money transaction nor any Call Data Records available in the case diary so far as the present petitioner is concerned.
Having considered the aforesaid including the fact that the petitioner is in custody for more than four and half
months, I am of the view that further detention of the present petitioner is unwarranted.
Hence, the prayer for bail of the petitioner is Allowed.
Accordingly, the petitioner viz, Bhabesh Kumar Sarkar @ Bharat shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Krishnagar, Nadia.
If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of Nadia without prior intimation to the learned Special court. Accordingly, CRM (NDPS) 546 of 2026 is allowed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)