Md. Jinnat Khan @ Jinnatha Khan v. State Of West Bengal

18.05.2026 Sl. No.26 Ct. 28 NB C.R.M (A) 1155 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 Kaliachak PS Case No.197/2026 dated 08.02.2026 under Sections 21(c)/27A/29 of the NDPS Act.

And In the matter of: Md. Jinnat Khan @ Jinnatha Khan ... petitioner Mr. Tapodip Gupta, Mr. Suman Bhanja, Mr. Golam Ahammed.

...for the petitioner.

Mr. Priyankar Ganguly.

...........Amicus Report filed by the Amicus is taken on record. Learned counsel appearing on behalf of the petitioner submits that other than the statement of a co-accused, there is no other incriminating material available against the present petitioner. Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He submits that other than the statement of a co-accused, there is no other material available against the present petitioner, as of now. There is no money trial or phone call conversation or criminal antecedent to implicate the present petitioner.

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 other materials available in the case diary, , I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, in the event of arrest, the petitioners 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 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 shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall cooperate with the investigation and meet the Investigation Officer once a week.

The application for anticipatory bail is, thus, disposed of. 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.

(Jay Sengupta, J.)