Shyamal Ray v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE 23.12.2025 Court No.01 rpan/21 CRM (A) 933 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure); And In Re: Shyamal Ray - Petitioner.

Mr. Subham Ghosh, Mr. Mayank Roy ...for the Petitioner.

Mr. Kallol Acharjee, Mr. Bhaskar Das ...for the State.

Apprehending arrest in connection with Sahebganj Police Station Case no.536 of 2025 dated 12.09.2025 under Sections 21(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the present application has been preferred. The learned advocate appearing for the petitioner submits that there has been no recovery of contraband substance from the possession of the petitioner and his name has been transpired on the basis of the statement of the principal accused, who was arrested and thereafter, granted bail by this Court today. In the said conspectus, the custodial interrogation of the petitioner may not be necessary.

Mr. Acharjee, learned advocate appearing for the State has placed before this Court the case diary and submits that investigation has not yet been completed and CFSL report has not been received as yet.

Heard the learned advocates appearing for the respective parties and considered the materials on record. It appears that no contraband substance above commercial quantity was recovered from the possession of the petitioner and his name has transpired on the basis of the statement of a coaccused and in the said conspectus, rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are not attracted against the petitioner. In view thereof, I am of the opinion that his custodial interrogation is not necessary. Accordingly, I direct that in the event of arrest the petitioner, namely, Shyamal Ray shall be released on bail upon furnishing a bond of Rs.

10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with further condition that he shall meet with the investigating officer once a week till investigation is complete. The application for anticipatory bail, being CRM (A) 933 of 2025, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tapabrata Chakraborty, J.)