Mojammel Hoque @ Pratibandhi @ Mojammedl Hoque @ Muzamel Miya v. State Of West Bengal

07/08/2025 D/L 27 Ct. No.28 S.Kundu C.R.M.(A) 2449 of 2025 Rejected In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Gangarampur police station case no. 70 of dated 20.2.2024 under sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act.

In the matter of: Mojammedl Hoque @ Pratibandhi @ Majamedl Hoque @ Muzamel Miya ... Petitioner Mr. Rakesh Jana ...for the petitioner.

Mr. Bibhashan Bhattacharyya Ms. Sima Biswas ...for the State.

1. Learned counsel appearing for the petitioner submits that other than the statement of a co-accused, there is no other material available against the petitioner.

2. Learned counsel appearing for the State files a report, which is taken on record and submits that the coaccused standing on the same footing was denied the benefit of anticipatory bail by an order dated 22.4.2024 passed by a Division Bench of this Court in CRM (A) 1051 of 2024. There are three criminal antecedents available against the present petitioner, all under the NDPS Act.

3. Considering the materials available in the case diary, the criminal antecedents of the present petitioner and the restriction contained in Section 37 of the NDPS Act, I am not inclined to grant anticipatory bail to the petitioner.

4. Accordingly, the application for anticipatory bail is rejected.

(Jay Sengupta, J.)