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Calcutta High CourtCRM/5993/2021allowed

Mukul Rajbhar @ Gabesh Rajbhar v. The State Of West Bengal

2021-09-16Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

16.09.2021 Serial no. 100 Dd (Through Video Conference) CRM 5993 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 31.08.2021 in connection with NDPS Case No. 46 of 2021 arising out of Bhimpur Police Station Case No. 141 of 2021 dated 17.05.2021 under Section 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985.

-andIn the matter of : Mukul Rajbhar @ Ganesh Rajbhar

...Petitioner

Mr. Antarikhya Basu, Ms. Madhumita Basak, Mr. Pratik Ghosh, advocates ... ... For the Petitioner Mr. Sudip Ghosh Mr. A. K. Datta, advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that no recovery was made from the possession of the petitioner. The petitioner is in no way connected with the vehicle from which the goods were seized. State is represented.

Considering the fact that no recovery was made from the possession of the petitioner and that the petitioner is in no way connected with the vehicle from which the goods were seized, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date and that the Petitioner shall meet the Investigation Officer once in a week till completion of the investigation.

The prayer for anticipatory bail is allowed.

CRM 5993 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)