Gauhati High Court

Bail Appln./2803/2026 of BISHWA JYOTI GOGOI Vs THE STATE OF ASSAM on 22 September 2026

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GAHC010202332026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2803/2026 BISHWA JYOTI GOGOI S/O LATE HENDURAM GOGOI, R/O BALIGHAT BORDUWARMUKH, P.O. AND P.S.- SIMALUGURI, DISTRICT- SIVASAGAR, ASSAM, PIN- 785686. VERSUS THE

GAHC010202332026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./2803/2026

BISHWA JYOTI GOGOI

S/O LATE HENDURAM GOGOI, R/O BALIGHAT BORDUWARMUKH, P.O.

AND P.S.- SIMALUGURI, DISTRICT- SIVASAGAR, ASSAM, PIN- 785686.

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR. P D NAIR, DR. S R A NASER,MR. H ROHMAN,MR G ALAM

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

Date : 23.09.2026 Heard Mr. G. Alam, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. PP for the State respondent.

2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Sri Bishwa Jyoti Gogoi, who was arrested on 11.07.2026 in connection with Nazira P.S. Case No. 36/2026 registered under Section 111 of the BNSS, 2023, read with Sections 21(b)/ 27A/ 29 of the

NDPS Act, 1985.

3. As per the allegation contained in the FIR, an intermediate quantity of suspected heroin was recovered from the possession of one co-accused namely, Sri Rupam Dey. Subsequently, on the basis of the interrogation, the present petitioner was arrested on the allegation that he is involved in the sale and supply of the contraband drugs.

4. The learned counsel for the submitted that nothing was recovered from the possession of the present petitioner and he was arrested only on the basis of statement of the co-accused. Having regard to the above, prayer for bail may be considered.

5. It is submitted by the learned addl. Public Prosecutor that charge sheet has already been submitted.

6. Having regard to the aforesaid facts and circumstances including the period of detention and the law laid down in the case of P. Krishna Mohan Reddy Vs. State of Andra Pradesh, reported in 2025 INSC 725, further detention of the petitioner may not be necessary. Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sibsagar in connection with the aforementioned case.

7. It is provided that the petitioner shall cooperate in the trial as and when trial commences and shall not try to tamper with the evidence or hamper the investigation of the case and shall not intimidate to any persons acquainted with the facts of the case in any manner.

8. The petition stands allowed. JUDGE Comparing Assistant

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