Jiyarul Miya And ORS v. The State Of West Bengal

18.06.2025

IN THE HIGH COURT AT CALCUTTA

Item No.28 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 dc.

Rejected C.R.M. (A) 409 of 2025 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sitai Police Station Case No. 94 of 2025 dated 04.05.2025 under Sections 20(b)(ii)B/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 25(1)(a)/27 of the Arms Act.

And In Re :

Jiyarul Miya and others ... Petitioners.

Mr. Swarup Das, Mr. Sourish Roy ... For the Petitioners.

Mr. Nilay Chakraborty, APP, Mr. Sourav Ganguly ... For the State.

Learned advocate appearing for the petitioners submits that 12.25 kgs. of ganja along with country-made pistol was recovered from an abandoned place and the petitioners have been arbitrarily implicated in connection with the instant case.

I find that the names of the petitioners have been specifically reflected in the letter of complaint which was addressed to the local police station by one Ravindra Kumar, ASI/GD of 78 Battalion, BSF. There are accusations that miscreants are smugglers in an organized manner smuggling across Indo-Bangladesh Border towards Bangladesh.

Amongst the miscreants, three names which have transpired

which are of the petitioners. Having considered the nature of the allegations, I am of the view that this is not a fit case for granting any privilege of anticipatory bail. As such, the prayer for anticipatory bail of the petitioners is rejected. The application for anticipatory bail, being CRM(A) 409 of 2025, is, thus, dismissed.

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.)