Calcutta High Court
CRM (A)/3400/2026 of AMIT GHOSH AND ANR. Vs STATE OF WEST BENGAL on 8 October 2026
no. 78 (Anticipatory bail) (part Allowed) ( Dd ) In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM ( A )/3400/2026 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya
08.10.2026
Serial no. 78
(Anticipatory bail)
(part Allowed)
( Dd )
In the High Court at Calcutta
Criminal Miscellaneous Jurisdictional
Appellate Side
CRM (A)/3400/2026
In re : An Application for Anticipatory Bail under Section 438
of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnaganj Police Station Case No. 232 of 2026 dated 27.05.2026 under Sections 21(c)/29 of NDPS Act pending before ld. Judge, Special Court, NDPS Act at Krishnagar, Nadia.
-And-
In the matter of : AMIT GHOSH AND ANR.
… … Petitioners
Ms. Minoti Gomes,
Mr. Prabir Majumder,
Mr. Snehansu Majumder,
Ms. Sangeeta Chakrabnorty,
Ms. Anindita Kundu,, Advocates
… … For the Petitioner
Mr. Kaustav Sharma,
Mr. Sounmya Raha, Advocates
… …For the State
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1. CRM (A)/3400/2026 is dismissed as not pressed on behalf of the petitioner No. 1, (Amit Ghosh) as he stands arrested.
2. State at this stage is unable to show any nexus between the petitioner No. 2 and the seized commercial quantity of narcotics save and except the statements of co-accused made while in custody.
3. In such circumstances, I am of the view that the petitioner No. 2 is able to overcome the restrictions under Section 37 of the NDPS Act, 1985,
4. Consequently, I grant anticipatory bail to the petitioner No. 2 (Sribas Biswas).
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5. Accordingly, I direct that in the event of arrest the petitioner No. 2 (Sribas Biswas) shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner No. 2 (Sribas Biswas) shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner No. 2 (Sribas Biswas) 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 No. 2 (Sribas Biswas) in Court including cancelling the anticipatory bail granted without further reference to this Court.
6. Prayer for anticipatory bail of the petitioner No. 2 (Sribas Biswas) is allowed.
7. CRM (A)/3400/2026 is disposed of. (Debangsu Basak, J.) +05'30'