IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION 24.02.2026 Sl. no. 39 Ct. No. 6 Susanta (ALLOWED) C.R.M. (NDPS) 42 OF 2026 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Sitai Police Station Case No. 217 of 2024 dated 04.11.2024 under Sections 21(c)/29 of the NDPS Act. And In the matter of : Hari Barman & Anr. …. Petitioners Mr. Subhasish Misra, Mr. Satyajit Paul, Mr. Rounak Ghosh, …. For the petitioners. Mr. Ujjwal Luksom, Mr. Saikat Chatterjee, Mr. Chattu Roy, … For the State. Learned counsel for the petitioners submits that no recovery was effected from the present petitioners. The recovery was effected from the co-accused Sahajan Miya @ Shahajahan Mia and Sahedul Haque Pramanik @ Sahidul Haque. Learned Counsel submits that these co-accused persons have already been admitted bail by the learned Trial Court vide order dated 2nd May, 2025. Learned counsel submits that the name of the present petitioners has only appeared in the statement of the co- accused. Learned Counsel for the State has opposed the bail application. However, learned counsel for the State has fairly submitted that recovery was effected only from the Sahajan Miya @ Shahajahan Mia and Sahedul Haque Pramanik @ Sahidul Haque and no recovery was effected from the present petitioners. Thus taking into the facts and circumstances of the case, the petitioner, viz. Hari Barman and Dharani Barman @ Bhuttu Barman are released on bail of Rs. 10,000/- with two sureties each of the like amount, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar, subject to the condition that the petitioners shall appear before the learned Trial Court even every date of hearing until further orders. The petitioners shall not threaten, tamper or intimidate the complainant or members of the family in any manner or whatsoever commit similar offence in future. The petitioners shall not leave to the jurisdiction of the learned Trial Court until further orders. In case the petitioners violate any such condition the prosecution is at liberty to move an application for cancellation of bail. The application for bail is allowed. C.R.M. (NDPS) 42 of 2026 stands disposed of. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dinesh Kumar Sharma, J.)