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Calcutta High CourtCRM(A)/991/2025allowed

Rabbani Hossain v. The State Of West Bengal

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

13.01.2026 Serial no. 20 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 991 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. 236 of 2025 dated 30.04.2025 u/s 21(b)/22(c)/29 of the NDPS Act, 1985.

-AndIn the matter of : Rabbani Hossain ... Petitioner(s) Mr. Subhasish Misra Mr. Satyajit Paul Mr. Rounak Ghosh ... for the petitioner(s) Mr. Ujjwal Luksom Ms. Namrata Das ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been falsely implicated in connection with the instant case as he happens to be the son of one Hamidul Hoque.

According to the petitioner as the house belongs to one Hamidul Hoque, the present petitioner has been implicated. However, the recovery was from one Nurbanu Bibi, wife of Endadul Hoque, who has been arrested in connection with the instant case.

Learned advocate for the State submits that there were recoveries of Yaba tablets which were of commercial quantity of contraband as also the factum of police authorities being harassed and heckled with the aid of other accused persons. Learned advocate also added that anticipatory bail has been granted to those persons who were not involved in the offence under the NDPS Act but for the offence under the provisions of BNS for obstructing public servants from carrying on their duties. Be that as it may, so far as the present petitioner is concerned, there has been no further recovery, except the only accusation of fleeing away from the spot. Having considered the above, I am of the view that the petitioner may be granted the privilege of anticipatory bail.

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.

As the charge-sheet has been submitted in connection with the instant case, this order of anticipatory bail will remain in force for a period of eight weeks from date.

Accordingly, CRM(A) 991 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.)