Manarul Haque v. State Of West Bengal

28.07.2023 tkm/ct 28 C.R.M. (A) 2850 of 2023 sl no. 46 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Baishnabnagar P.S case no. 144 of 2022 dated 13.2.2022 under sections 21(c)/29 of the NDPS Act And Allowed In Re : Manarul Haque ...... petitioner Mr. A K Bhowmick ...... for the petitioner Mr. S Bardhan Ms. Dejani Dasgupta ...... for the State Petitioner submits no narcotic was recovered from his possession.

Co-accused similarly circumstanced with the petitioner has been granted anticipatory bail. He prays for anticipatory bail.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. No narcotic was recovered from the petitioner. He stands on the same footing with the co-accused who has been granted anticipatory bail. Hence, we are inclined to extend the same privilege to the petitioner also.

Accordingly, we direct that 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, 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.

Petitioner shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2850 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)