Bishnu Barman v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION 24.02.2026 Sl. no. 24 Ct. No. 6 Susanta (ALLOWED) C.R.M. (NDPS) 5 OF 2026 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Kharibari Police Station Case No. 330 of 2025 dated 11.11.2025 under Sections 21(b)/21(c)/29 of the NDPS Act. And In the matter of : Bishnu Barman.

.... Petitioner Mr. Hillol Saha Podder, .... For the petitioner.

Mr. Ujjwal Luksom, Mr. Kallol Nag, ... For the State.

Learned counsel for the petitioner has prayed for bail on the ground that no recovery has effected from the present petitioner and the name of the petitioner has appeared in the statement of the co-accused Sunita Barman.

Learned Counsel for the State has opposed the prayer for bail.

However, Learned Counsel for the State has fairly submitted that recovery was effected only from the co-accused Sunita Barman and the present petitioner was arrested on the basis of statement made by the co-accused.

The Court has gone through the record. The accused was taken into custody on 10th December, 2025.

Thus taking into the facts and circumstances of the case, the petitioner viz. Bishnu Barman is released on bail of Rs. 10,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of the learned Judge, Special Court (NDPS) cum Additional Sessions Judge 2nd Court Siliguri, subject to the condition that the petitioner shall appear before the learned Trial Court even every date of hearing until further orders. The petitioner shall not threaten, tamper or intimidate the complainant or members of the family in any manner or whatsoever commit similar offence in future. The petitioner shall not leave to the jurisdiction of the learned Trial court until further orders. In case the petitioner violates any such condition the prosecution is at liberty to move an application for cancellation of bail.

The application for bail is allowed.

C.R.M. (NDPS) 5 of 2026 stands disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities.

(Dinesh Kumar Sharma, J.)