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Calcutta High CourtCRM(A)/652/2025allowed

Mafidul Miah v. The State Of West Bengal

2025-11-20Hon'Ble Justice Bivas Pattanayak2 pages

20.11.2025 Item no.6(DL) Court No.3 srm (Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , C.R.M. (A) 652 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 in connection with NDPS Case No.69/2025 arising out of Setai P.S. Case No.141 of 2025 dated 01.07.2025 under Sections 21(C)/29 of NDPS Act.

In the matter of : Mafidul Miah ... Petitioner.

Mr. Anirban Banerjee, Mr. R. Rahaman ...for the Petitioner.

Mr. Saikat Chatterjee, Mr. Chattu Roy .....for the State.

1.

Report filed by the State is taken on record. 2.

Learned Advocate for the petitioner submits that the name of the petitioner was transpired from the statement of the co-accused. There is no such recovery from the possession of the petitioner. He seeks for grant of anticipatory bail in favour of the petitioner.

3.

Opposing such prayer for anticipatory bail, learned Advocate for the State submits that 55 numbers of Yaba tablets have been recovered from the possession of Afjal Mia and the name of the petitioner was transpired from

the statement of the co-accused. He seeks for dismissal of the application for grant of anticipatory bail. 4.

Perused the case diary and the materials on record. 5.

It is found that the name of the petitioner was transpired from the statement of the co-accused. There was no such recovery from the possession of the petitioner. In view of the above, I am inclined to allow the prayer of the petitioner for anticipatory bail.

6.

Accordingly, in the event of arrest the petitioner namely Mafidul Miah shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall meet the Investigating Officer of the concerned police station once in a fortnight until further orders. The petitioner is directed to join investigation and cooperate with the Investigating Officer.

7.

This application for anticipatory bail is, thus, allowed. 8.

CRM (A) 652 of 2025 stands disposed of.

(Bivas Pattanayak, J.)