Gauhati High Court
Bail Appln./4083/2025 of SRI GAURAV BARMAN AND ANR Vs THE STATE OF ASSAM AND ANR on 19 February 2026
GAHC010279512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4083/2025 SRI GAURAV BARMAN AND ANR S/O - SHANTI RAM BARMAN, RESIDENT OF BIRKUCHI, KARBI DEHAL PATH, P/O-UDAYAN VIHAR, P/S- NOONMATI, DISTRICT- KAMRUP (M),
GAHC010279512025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./4083/2025
SRI GAURAV BARMAN AND ANR
S/O - SHANTI RAM BARMAN, RESIDENT OF BIRKUCHI, KARBI DEHAL
PATH, P/O-UDAYAN VIHAR,
P/S- NOONMATI, DISTRICT- KAMRUP (M), ASSAM, PIN-781026
2: SRI JITUL THAKURIA
S/O - HOMESWARTHAKURIA R/O- BHOJKUCHI
P.O- BHOJKUCHI
P.S- TIHU
DISTRICT- NALBARI
ASSAM-78137
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:BHANITA THAKURIA
W/O- SRI MINTU DAS R/O-2 NO. GOLIAHATI
WARD NO.10
P.O. P.S. - BARPETA DIST.-BARPETA
PIN-781301
Advocate for the Petitioner : MR B M DEKA, MS. D BORA,A J BAISHYA,MR. MASUM ALAM
Advocate for the Respondent : PP, ASSAM, MR. B CHOUDHURY(AMICUS CURIAE, R2),MR. S.
K. CHAKMA(R-2),MR I CHAKMA(R-2),MS N DEKA(R-2),MR A.K. HAJONG (R-2),MS. D
GHOSH(R-2)
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 20-02-2026 Heard Mr. B.M Deka, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P appearing for the State and Mr. A.K. Hajong, learned counsel appearing for the respondent No.2. Ms. Krishnapriya Kataki, WSI has appeared before this Court pursuant to the order dated 18.02.2026. A submission has been made before this Court today by the I.O that although the charge-sheet has been prepared and finalized for the Court, it had not yet been submitted as on 31.12.2025. Mr. B.M Deka, learned counsel for the petitioner has submitted that pursuant to the order passed yesterday, the learned Trial Court has granted default bail to the petitioner. It is surprising that a written instruction has been placed before this Court issued by the Officer-in-Charge Noonmati P.S that the Charge-sheet No. 207/2025 dated 31.12.2025 had been submitted when the fact of the case remained that the charge-sheet had not been submitted on 31.12.2025. This Court is of the opinion that the Officer-in-Charge of the Noonmati P.S as on 18.02.2026 would have been better advised to have verified the statement made before this Court that the charge-sheet has already been submitted on 31.12.2025. It is noticed that in this particular case on the very issue is as to whether the charge-sheet has been submitted or not, the petitioner had to undergo incarceration for a period longer than the time when he was entitled to be granted default bail. The right to personal liberty is a constitutional right and in this particular case, this Court is of the opinion that the matter had not been diligently handled and placed before this Court by the concerned authorities. However, keeping in view the fact that there might be a reason which led to the wrong information being placed before this Court, this Court deems fit to forward a copy of this order to the Director of Prosecution as well as the Director General of Police, who, if deemed fit, shall find out the reason for the misinformation to the Court and it is expected that appropriate steps should be taken to ensure that further misinformation is not to be placed before the Court. Since the petitioner has already been granted the default bail by the learned Trial Court, this bail petition is closed. Registry to forward copy of the order to Director General of Police and the Director of Prosecution. JUDGE Comparing Assistant