Akibur Miah @ Aqibur Miya v. State Of West Bengal

27.11.2025 Serial no. 154 [G.S.D] CRM (NDPS) 1059 of 2025 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 Gangarampur PS Case No. 592 of 2023 dated 23.12.2023 u/s 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act,1985.

-AndIn the matter of : Akibur Miah @ Aqibur Miya ... ... Petitioner(s) Mr. Kaushik Choudhury ... for the Petitioner(s) Mr. Dipankar Paramanick ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner was arrested in connection with the instant case and since then he is in custody for 134 days. According to the learned advocate, the subjectmatter of recovery in this case is 293 bottles of phensedyl and 20 bottles of MKD, but, there was no recovery from the possession of the petitioner, as such, he prays for bail of the petitioner on any stringent condition.

Learned advocate for the State opposes the prayer for bail and submits that the case is of the year 2023 and the petitioner was arrested in the year 2025. It has been brought to the notice of this court that five persons are still absconding.

Having regard to the period of absconsion of the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Rejected.

If the trial is not split up within a period of four months, the petitioner will be at liberty to renew his prayer for bail before this court.

Accordingly, CRM(NDPS) 1059 of 2025 is dismissed. 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.)