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Calcutta High CourtCRM(NDPS)/143/2026allowed

Prabhat Barman v. State Of West Bengal

2026-02-27Hon'Ble Justice Dinesh Kumar Sharma3 pages

27.02.2026 Ct. No.6 D/L 23 Mujahid In The High Court At Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (NDPS) 143 of 2026 In Re: An application for bail under Section 483 of the BNSS, 2023 in connection with Sahebganj P.S. Case No. 562 of 2025 dated 20.09.2025 under Sections 20(b)(ii)(C)/25/29 of the NDPS Act, 1985.

And In the matter of: Prabhat Barman ....Petitioner Mr. Rajdeep Mazumdar, Sr. Adv.

Mr. Avrajyati Das Mr. Pritam Roy Ms. Supriya Singh Mr. Sayan Mukherjee Mr. Rajdeep Das Ms. Susmita Ghosh ...for the petitioner Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Bhaskar Das Mr. Subhasish Misra ...for the State 1.

Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated on account of political rivalry. Learned senior counsel submits that no recovery has been effected from the present petitioner. He has been arrested on the alleged disclosure statement of co-accused. Learned senior counsel submits that petitioner is in custody since 16.12.2025.

2.

Learned counsel for the State has strongly opposed the bail application. However, he fairly submits that no recovery was

effected from the present petitioner. Learned counsel also submits that as per the case diary, there are no criminal antecedents and so far there is no evidence of any transaction between the petitioner and the co-accused, Khacharuddin Sekh and Alamgir Hoque from whom recovery was effected on 20th September, 2025. Learned counsel for the State has also opposed the bail application on the ground that the investigation is still in progress.

3.

The court has considered the submissions. Nothing has been brought to the notice that there is any criminal antecedent of the present petitioner. It is also not the case of the State that so far there are any call record, connection or the transaction between the petitioner and the co-accused from whom the alleged recovery of contraband articles were effected. The accused is in custody since 16.12.2025.

4.

Thus, taking into the account and facts and circumstances of the case, the petitioner, namely, Prabhat Barman is released on bail upon furnishing a personal bond of Rs.20,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Coochbehar, subjection to the condition that the petitioner shall join the investigation as and when directed by the investigating officer. The petitioner shall not threaten, intimidate or tamper the complainant or members of the family in any manner whatsoever. The petitioner shall not leave 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.

5.

The application for bail is allowed.

6.

CRM (NDPS) 143 of 2026 stands disposed of.

7.

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.)