Lakhina Bibi v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION 06.03.2026 Sl. no. 8 Ct. No. 6 P.M.

C.R.M. (NDPS) 103 OF 2026 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.

And In the matter of : Lakhina Bibi .... Petitioner Ms. Chanda Jha .... For the petitioner Mr. Kallol Acharjee, Mr. Bhaskar Das ... for the State Learned counsel for the petitioner has urged to release the petitioner on bail on the ground that after rejection of the earlier bail application the charge sheet has been filed. Learned counsel for the petitioner also states that the petitioner being a lady and have a daughter may be released on bail on humanitarian grounds.

Learned counsel for the State has vehemently opposed the bail application and submits that there are no change of circumstances after rejection of earlier bail application vide order dated 17th February, 2025 in CRM (NDPS) 496 of 2024. The Court has considered the submissions. It is a settled proposition that in the successive bail application the Court has to act with restrain and circumspection. The bail can be granted

only there are substantial change of circumstances. Filing a charge sheet alone cannot be taken change of circumstances. This application being CRM (NDPS) 103 of 2026 stands rejected.

However, petitioner shall be at liberty to move the fresh application after change the circumstances.

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.)