Biren Mondal v. The State Of West Bengal

12.12.2025 Serial no. 60 [G.S.D] CRM (NDPS) 1600 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 Sessions Trial Case No. 01(03) of 2025 (Sessions Case No. 03(01) of 2025) (NDPS Case No. 22 of 2024).

-AndIn the matter of : Biren Mondal ... ... Petitioner(s) Mr. Soumya Nag Mr. ADitya Tiwari ... for the Petitioner(s) Ms. Rajashree Tah ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been implicated in number of cases and, in this case, the petitioner has been shown arrested after he was released on bail in connection with the case under section 302 of the IPC. Learned advocate also submits that the petitioner is in custody for one year and five months and out of the 17 witnesses proposed to be examined by the prosecution, only one witness, till date, has been examined, as such, on any stringent condition, the petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail and has produced the Case Diary.

However, on an inspection of the seizure list, I find that the containers in which the codeine mixture were found

were having total capacity of 7 litre (three bottles of two litre and one bottle of one litre).

Having regard to the period of detention of the present petitioner, I am inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Biren Mondal shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned Special Court (NDPS Act)-cum-learned Additional District and Sessions Judge, 12th Court, Alipore, South 24 Parganas.

If on bail, the petitioner shall be physically present on each and every date of the trial so fixed by the learned trial court and shall not leave the jurisdiction of the district of 24th Parganas (South) without the prior permission of the learned Special Court.

Accordingly, CRM(NDPS) 1600 of 2025 is allowed. 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.)