Extracted from the PDF above. The PDF is authoritative.
08.07.2025 Item No.33 Ct.No.02 rc. Allowed
IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION
C.R.M. (A) 472 of 2025
In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case No. 293 of 2025 dated
29.03.2025.
And
In Re : Md. Rahat @ Rahav ... Petitioner
Mr. Hillol Saha Poddar
... for the Petitioner
Mr. Nilay Chakraborty Mr. Sourav Ganguly
... for the State
Heard learned counsels for the parties. The arresting officer, in his statement recorded under Section 180 of the BNSS, has stated that the arrested person has named the petitioner but the statement of the arrested person Subodh Das does not disclose the petitioner’s name. It is not clear as to from where the petitioner’s name has transpired and has been connected to the present case. No recovery has also been made from the petitioner. In view of the above, this Court is inclined to hold that the petitioner is able to rebut the statutory restriction under
2 Section 37 of the NDPS Act and is entitled to anticipatory bail. Accordingly, in the event of arrest, the petitioner Md. Rahat @ Rahav be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date. The application for anticipatory bail is, thus, disposed of. Case Diary be returned. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)