Calcutta High CourtCRM(A)/184/2026allowed

Sudhir Barman And ANR v. The State Of West Bengal

2026-03-19Hon'Ble Justice Jay Sengupta2 pages

19/03/2026 D/L - 27 Court No.6 S. Kundu Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 184 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Dinhata P.S case no. 200 of 2025 dated 20/4/2025 under sections 20(b)(ii)(c)/21(c)/29 of the NDPS Act.

In the matter of: Sudhir Barman & Anr.

...Petitioners.

Mr. Sudip Guha ...for the petitioners.

Mr. Aditi Shankar Chakraborty Mr. Abhijit Sarkar Dr. Arjun Chowdhury ...for the State.

1. Learned counsel appearing for the petitioners submits that other than statement of a co-accused, which is not admissible in evidence, there is no other incriminating material available against the petitioners. The principal accused had taken the names of the ten persons out of whom six were granted anticipatory bail by this Court. The petitioners stand on the same footing.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. However, he submits that apart from the statement of a co-accused, there is no other incriminating material available against the petitioners, as of now.

3. Considering the above, the petitioners have been able to rebut the restriction contained in Section 37 of the NDPS Act and in view of the other materials available in the case diary and the fact that some other substantially similarly circumstanced co-accused were granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioners.

4. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the Investigating Officer once a week till submission of report in final form. The petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)