Calcutta High CourtCRM(A)/529/2025allowed

Khalek Miya@Khalik Mia@Miah v. The State Of West Bengal

2025-07-25Hon'Ble Justice Bibhas Ranjan De2 pages

25.07.2025 IN THE HIGH COURT AT CALCUTTA Item No. 08 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION RUP Allowed C.R.M.(A) 529 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Sitai Police Station Case No.25 of 2025 dated 31.01.2025 under Sections 21(C)/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985. And In the matter of : Khalek Miya @ Khalik Mia @ Miah ...... petitioner Mr. Sourav Ganguly, Ms. Rishita Chakraborty, Mr. Bibhash Kr. Nandi.

....for the petitioner Mr. Nilay Chakraborty, Mr. Biswarup Roy.

....for the State

1. Both the learned counsel appearing on behalf of the petitioner as well State are present.

2. Learned counsel appearing on behalf of the petitioner has sought for pre-arrest bail as allegedly the name of the petitioner was added only on the basis of the statement made by the co-accused.

3. Admittedly no contraband articles were recovered from the possession of petitioner.

4. Chargesheet has already been submitted.

5. Considering the facts and circumstances, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioner is being enlarged on bail upon furnishing bond of Rs.10,000/- each (Rupees Ten Thousand Only) with one surety to the satisfaction of the arresting

officer and also subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

7. As a sequel, the application being C.R.M. (A) 529 of 2025 stands disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Bibhas Ranjan De. J.)