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Calcutta High CourtCRM(A)/843/2025allowed

Binay Barman@Jhantu Barman v. The State Of West Bengal

2026-01-13Hon'Ble Justice Tirthankar Ghosh3 pages

13.01.2026 Serial no. 7 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 843 of 2025 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Sahebganj Police Station Case No. 668 of 2024 dated 20.11.2024 u/s 20(a)(i)/29 of the NDPS Act and corresponding to NDPS Case No. 106 of 2024.

-AndIn the matter of : Binay Barman @ Jhantu Barman ... Petitioner(s) Mr. Sudip Guha Ms. Ankita Nag ... for the petitioner(s) Mr. Kallol Acharjee Ms. Sukanya Adhikary ... for the State-respondent(s) Learned advocate appearing for the petitioner submits that the petitioner has been implicated on the basis of certain statement made by the neighbours and the petitioner has no relationship with the land in issue. Earlier, a direction was passed for production of the ownership relating to the land in question.

However, I find that the owner of the land has been made an accused against whom charge-sheet has been submitted.

Having considered that the petitioner has been implicated on the basis of statement of the local people, I am of the view that custodial detention of the petitioner may not be warranted in the facts and circumstances of the present case.

Hence, the prayer for anticipatory bail of the petitioner is Allowed.

Accordingly, I direct that in the event of arrest, the petitioner be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioner shall meet with the Investigating Officer of the case for a period of next three months until and unless any other conditions are imposed by the learned Special Court on appearance, for ensuring the attendance of the petitioner in course of the trial. This order of anticipatory bail will remain in force for a period of eight weeks. The investigating officer of the case is present in court today. His further appearance before this court for the day is dispensed with.

Accordingly, CRM(A) 843 of 2025 is disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)