Gauhati High Court
Bail Appln./2617/2026 of DILWAR HUSSAIN ALIAS DILUWAR HUSSAIN AND ANR Vs THE STATE OF ASSAM on 16 September 2026
GAHC010192432026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2617/2026 DILWAR HUSSAIN ALIAS DILUWAR HUSSAIN AND ANR SON OF ALIM UDDIN, SILCHAR TELITAKAT, PO KATIGORAH, PS KATIGORAH, DISTRICT CACHAR, ASSAM 2: FORID AHMED
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GAHC010192432026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2617/2026
DILWAR HUSSAIN ALIAS DILUWAR HUSSAIN AND ANR
SON OF ALIM UDDIN, SILCHAR TELITAKAT, PO KATIGORAH, PS
KATIGORAH, DISTRICT CACHAR, ASSAM
2: FORID AHMED BORBHUIYA ALIAS FARID AHMED BORBHUIYA
SON OF ABDUR NUR BORBHUIYA
BARAITALI PART
NEARR KALAIN
PO KATIGORAH
PS KATIGORAH
DISTRICT CACHAR
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : TAWHID LASKAR, MR. D K AGARWALA,ASHRAFUL
BORBHUYAN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 17.09.2026 Heard Mr. T Laskar, learned counsel for the petitioner. Also heard Mr. K.K. Das learned Page No.# 2/2 Additional Public Prosecutor appearing for the State.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioners, 1. Dilwar Hussain @ Diluwar Hussain & 2. Forid Ahmed Borbhuiya @ Farid Ahmed Borbhuiya, have prayed for granting his bail after they were arrested on 30.08.2026 in connection with Lanka P.S. Case No. 204/2026 under Sections 303(2)/317(2)/317(4)/61(2) read with Section 4(1)/4(1A)/21 of Mines and Minerals (Development and Regotation Act 1957 R/W Section 3 of the PDPP Act.
3. As per the FIR, the petitioners were apprehended while they were transporting coal illegally in two trucks. The said interception was done at Lanka on 30.08.2026 and the petitioners were arrested as they allegedly failed to produce any valid documents.
4. It is submitted on behalf of the petitioner that the petitioners were merely the drivers of the trucks and they were transporting the goods as per the instruction of the consigners. It is further submitted that the petitioners were told by the consigners that all the papers were in order and in good faith they were transporting the coal.
5. The learned Additional Public Prosecutor submits that the petitioners could not produce any documents to show that the consignment being transported was in a legal manner. It appears that the petitioners were interrogated during custody and have spent 60 days behind the bars as of today.
6. Having regard to the period of detention, the prayer for bail is allowed.
7. Accordingly, the petitioners named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- each with two sureties each of the like amount to the satisfaction of learned jurisdictional Magistrate/Court in connection with the aforesaid case. Bail application stands disposed of.
JUDGE Comparing Assistant