Ohidur Khan @ Ohedur Khan v. State Of West Bengal And ANR

18.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L. 678 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1342 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No. 1179 of 2025 dated 27.06.2025 under Sections 21(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Ohidur Khan @ Ohedur Khan ... Petitioner.

Mr. Abhimanyu Banerjee, Mr. Arnab Saha ... For the Petitioner.

Mr. Saibal Bapuli, APP, Ms. Shaila Afrin ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner has been implicated in connection with the instant case on the basis of statement of the co-accused and there has been no recovery from the possession of the present petitioner. As such, petitioner may be released on bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that petitioner has been named by the principal accused. However, there are no CDRs and/or money trail till date which has been collected by the investigating agency.

Petitioner is in custody for about 152 days. Having considered the same and the nature of materials available as has been pointed out, I am of the view that further detention

of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Ohidur Khan @ Ohedur Khan shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Court under the NDPS Act-cum-Additional District and Sessions Judge, 4th Court, Malda.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Malda without prior permission of the learned Special Court. The application for bail, being CRM (NDPS) 1342 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)