17.08.2026 Serial no. 6 Court no.551 (MKP) CRM (A) 2374 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Kaliachak PS Case No. 2031 of 2025 dated 12.12.2025 u/s 21(c )/27A/29 of the NDPS Act. -And- In the matter of : Bahadur Mia … Petitioner Mr. P.K.Datta, Mr. Santanu Deb Roy. … for the petitioner Ms. Somopriya Chowdhury, Mr. Anirudha Sarkar. … for the State-respondent(s) 1. The anticipatory bail application is taken up for consideration. 2. Learned advocate for the petitioner submits that the petitioner has been falsely implicated in the instant case on the basis of statement of co-accused. Investigation of the case had ended in charge-sheet. 3. The person from whose possession narcotic substance was recovered, was granted bail by this Court, by an order passed on March 30, 2026 in CRM(NDPS) 427 of 2026. 2 4. Learned advocate for the petitioner submits that the case of the petitioner stands on better footing than that of the accused person granted bail. 5. Learned advocate appearing for the State relies on the materials in the case diary including the chemical examination report. Learned advocate for the State opposes the prayer for the anticipatory bail. 6. In such circumstances, considering the nature of allegations as well as the materials in the case diary, as also the nature of allegations, it transpires that the petitioner has been implicated in this case on the basis of the statement by the co-accused made while in custody. 7. Nothing has been recovered from the possession of the petitioner. Investigation of the case has already ended in charge-sheet. Person from whose possession the narcotic substance was recovered has been granted bail on March 30, 2026. 8. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), to the satisfaction of the arresting officer 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 BNSS and on 3 condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 9. Hence, the prayer for anticipatory bail of the petitioner is Allowed. 10. CRM (A) 2374 of 2026 is disposed of. (Md.Shabbar Rashidi. J)