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Calcutta High CourtCRM(A)/974/2025allowed

Chabikul Miya @ Puchki Mia @ Chutki @ Safikul Miya v. The State Of West Bengal

2026-01-15Hon'Ble Justice Tirthankar Ghosh3 pages

15.01.2026 Serial no. 4 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 974 of 2025 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with NDPS Case No. 83 of 2025 originating from General Register Case No. 858 of 2025 arising out of Kumargram PS Case No. 104 of 2025 dated 18.05.2025 u/s 21(c)/22(c)/29 of the NDPS Act. -AndIn the matter of : Chabikul Miya @ Puchki Mia @ Chutki @ Safikul Miya ... Petitioner(s) Mr. Arnab Saha Md. Shoaid Akhtar ... for the petitioner(s) Mr. Nilay Chakraborty, ld. APP Mr. Subhasish Misra ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been implicated in connection with the instant case on the basis of statement of a co-accused and the investigation having been concluded, charge-sheet has been submitted before the learned jurisdictional court, as such, further detention of the petitioner is not warranted. Learned advocate for the State, on the other hand, opposes the prayer for bail and produces the case diary.

The subject-matter of the case relates to 46 bottles of Eskuf cough syrup which were recovered from the possession of the accused/petitioner, pursuant to which, the petitioner has been implicated in connection with the instant case.

The attention of the court has been drawn to the call data records and the bank statement but the same were found to be is not within the check period.

Having considered the same, I am of the view that custodial detention of the present petitioner is not warranted.

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.

This order of anticipatory bail will remain in force for a period of eight weeks from date.

Accordingly, CRM(A) 974 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.)