Sardar Khan @ Jahangir v. State Of West Bengal

02.07.2026

IN THE HIGH COURT AT CALCUTTA

Item No.4 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 2708 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 Chanchal Police Station Case No. 753 of dated 28.06.2023 under Sections 326/307/302/396/120B/34 of the Indian Penal Code, 1860 read with Sections 25(1)(a)/27/35 of the Arms Act, 1959 and Sections 3/4 of the Explosive Substances Act, 1908. And In Re : Sardar Khan @ Jahangir ... Petitioner.

Mr. Avik Ghatak, Mr. Fahad Imam, Mr. Sunayan Ghosh, Ms. Dishani Kanjilal, Mr. Bilal Hasan ... For the Petitioner.

Mr. Gouranga Kumar Das, APP, Mr. Ramashis Mukherjee ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years 4 months; there are no materials so far as the present petitioner is concerned and unnecessarily he has been detained in custody. As such, petitioner prays for bail.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that pursuant to the leading statement of the petitioner firearms were recovered. It has also been contended that there are four criminal antecedents of the petitioner, out of which in two of the cases, the petitioner has been acquitted.

I have taken into account the history of the petitioner and having regard to the same, I am of the opinion that this is not a fit case for granting bail. As such, the prayer for bail of the petitioner is rejected at this stage.

State is directed to commence the trial and record the evidence of the relevant witnesses within a period of six months from the date of communication of this order. The petitioner will renew his prayer for bail after the aforesaid time period is over.

Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. Mr. Gouranga Kumar Das, learned APP along with Mr. Ramashis Mukherjee, learned advocate was directed to appear on behalf of the State. Their appointment may be regularised by the concerned authorities.

The application for bail, being CRM (M) 2708 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.)