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2026 DAILYLAW 36755 (CAL)

KHATIJUL @ KHATEJUL RAHAMAN v. THE STATE OF WEST BENGAL

CRM(A)/610/2026 · 2026-08-19

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05. 19.08.2026 Court (Tanmoy) No.11 Allowed CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(A)/610/2026 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Kharibari Police Station Case No.184/2026 dated 23.05.2026 under Sections 21(b)/29 of the NDPS Act, 1985. NDPS Case No.65/2026. And In the matter of: - KHATIJUL @ KHATEJUL RAHAMAN …petitioner. Mr. Subham Ghosh Mr. Mayank Roy …for the petitioner. Mr. Avrojyoti Das, APP Ms. Ruhika Agarwal Mr. Debabrata Rai …for the State. 1. The petitioner says that nothing was recovered from him. He was implicated only on the basis of the statement made by a co-accused person from whom recovery was made. In any event, the quantity of narcotic involved is intermediate quantity. He prays for pre-arrest bail. 2. Learned State Counsel files a report. I find that the petitioner has no criminal antecedents. 3. In view of the aforesaid, I deem it appropriate to allow the petitioner’s prayer for pre-arrest bail so long as he fully co- operates with the Investigating Officer. 2 4. Accordingly, in the event of arrest, the petitioner, namely, KHATIJUL @ KHATEJUL RAHAMAN shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of Rs.12,5,00/- (Rupees Twelve Thousand Five Hundred) each, one of whom must be local, to the satisfaction of the learned Additional District & Sessions Judge, Siligui and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioner shall meet the Investigating Officer of this case as and when called for, until further orders. Within three days from date the petitioner shall go and meet the Investigating Officer of this case. 5. In case the petitioner fails to adhere to any of the conditions stipulated above, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 6. The application for bail being CRM(A)/610/2026 is accordingly disposed of. 7. 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.)