Extracted from the PDF above. The PDF is authoritative.
25. 17.08.2026 Court No.11 (Tanmoy)
CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE
CRM(NDPS)/420/2026
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Falakata PS Case No.139/2025 dated 19.3.2025. And In the matter of: - SAIRA BIBI …petitioner. Mr. Satyam Sarkar …for the petitioner. Mr. Avrojyoti Das, APP Ms. Ruchika Agarwala Mr. Rajdeep Das …for the State.
1. The petitioner says that she is in custody for about 550 days. Witness action has not started. A co-accused person has been granted bail by an order dated February 16, 2026. She prays for bail on the aforesaid grounds as also on the ground that grounds of arrest were not communicated to the petitioner at the time of her arrest and there was no videography of the process of search and seizure.
2. Learned State Counsel argues that there was no requirement of communicating the grounds of arrest to the petitioner on the date she was arrested i.e. March 19, 2025. This is because the requirement of communicating the grounds of arrest to the arrestee was introduced by the Hon’ble Supreme Court in the decision of Mihir Rajesh Shah v. State of Maharashtra,
2 reported at (2026) 1 SCC 500, prospectively from the date of the judgment i.e. November 6, 2025.
3. Learned State Counsel further points out from the case diary that videography of the entire process of search and seizure was done.
4. I, therefore, find no merit in the contention of the petitioner. Insofar as the bail order in favour of the co-accused is concerned, it appears that the Hon’ble co-ordinate Bench was not apprised of the facts of the case correctly. The State will be at liberty to take appropriate steps in respect of such order of bail.
5. CRM(NDPS)/420/2026 is accordingly dismissed.
6. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities.
(Arijit Banerjee, J.)