Subhash Barman @ Ashoke Barman v. The State Of West Bengal

28.07.2025 IN THE HIGH COURT AT CALCUTTA Item No.16 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION KS C.R.M.(A) 565 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.217 of 2024 dated 04.11.2024 under Sections 21(C)/ 29 of the Narcotic Drugs and Psychotropic Substance Act. And In the matter of: Subhash Barman @ Ashoke Barman ......Petitioner Mr. Koushik Kumar Kanu Ms. T. Saha ....For the Petitioner Mr. Nilay Chakraborty, Ld. A.P.P.

Mr. Saikat Chatterjee ....For the State

1. Learned counsel appearing on behalf of the petitioner by praying for anticipatory bail has submitted that the accused from whose possession the contraband article was recovered, has been granted bail.

2. It is also submitted that there is nothing as against the petitioner except the statement of the co-accused person.

3. Learned counsel appearing on behalf of the State has opposed the prayer for anticipatory bail by submitting, inter alia, that the accused is a First Information Report named person and it is further revealed that he is also a co-accused.

4. However considering the given facts and circumstances and the materials placed in the Case Diary, I feel that the petitioner is entitled to grant of anticipatory bail.

5. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two registered sureties of Rs.10,000/- each one of whom must be local to the satisfaction of the arresting officer and further on condition not to leave the jurisdiction of the concerned Police Station and also be subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 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 cancellation of the anticipatory bail granted without any further reference to this Court.

6. This application for anticipatory bail is, thus, allowed.

7. As a sequel, the application being, C.R.M.(A) 565 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.)