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2026 DAILYLAW 32194 (CAL)

MD SAMIUL KHAN v. STATE OF WEST BENGAL

CRM (A)/2688/2026 · 2026-08-21

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.73 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2688 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with English Bazar Police Station Case No. 149 of 2026 dated 02.02.2026 under Sections 111/61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 21(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Md Samiul Khan ... Petitioner. Mr. Sagar Saha, Mr. Manjeet Saha ... For the Petitioner. Mr. Pritam Roy, Mr. Sayan Mukherjee ... For the State. Learned advocate appearing for the petitioner submits that petitioner is innocent and has been falsely implicated in connection with the instant case on the basis of statement of co-accused. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail. On a specific query of this Court, learned advocate for the State submits that so far as the records of the case are concerned, there are no previous antecedents which are reflected nor CDR or money trail has been connected with the present petitioner. In view of the aforesaid, the prayer for anticipatory bail of the petitioner is allowed in spite of the fact that there has been recovery of 17 kgs. of Brown Sugar. 2 Accordingly, in the event of arrest, the petitioner viz., Md Samiul Khan shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks from date. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2688 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)