Gauhati High Court
I.A.(Crl.)/40/2026 of Sh. Dildar Hussain Vs The State of Mizoram on 28 July 2026
GAHC030005132026 THE GAUHATI
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GAHC030005132026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/40/2026
Sh. Dildar Hussain
S/o Mokaddas Ali, R/o-tarakandi, District- Barpeta, Assam
VERSUS
The State of Mizoram
Aizawl
Advocate for the Petitioner : Mr. Vanlalhuma Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 29-07-2026 This matter has been taken up by VC. The present IA is filed for modification of the Order dated 03.07.2026 passed by this Court in Bail Application No. 52/2026. The learned counsel for the petitioner has submitted that due to an inadvertent error while filing the Bail Application No. 52/2026, the father of the petitioner had been described as Mokaddas, whereas the full name of the father of the petitioner is Mokaddas Ali. The counsel for the petitioner has further submitted that the description of the case in which the Page No.# 2/2 petitioner had been arrested was recorded in the Order dated 03.02.2026 as Saitual PS Case No. 39/2026 under Section 21(c)/25 of the ND&PS Act, whereas the actual case number should have been Saitual PS Case No. 09/2026 under Sections 22(c)/25/29 of the ND&PS Act. The learned counsel has further submitted that the aforesaid police case has now been registered as ND&PS Case No. 98/2026, pending in the Court of the Special Judge, ND&PS. He has submitted that in the event this Court allows the aforesaid amendments to be made to the Order dated 03.07.2026, there would be no effect on the merits of the order passed, and the same would in fact help/assist in identifying the petitioner who is required be released on bail pursuant to the orders passed by this Court. The matter was called up on an earlier occasion today through VC. It has again been called up now. However, the presence on behalf of the State is not available. In view of the modifications and the orders proposed to be passed, this Court does not consider it to be a hindrance. Accordingly, it is directed that second paragraph of the order dated 03.07.2026 passed in Bail Application No. 52/2026 shall be read as follows:- “This is an application under Section 483 of the BNSS, 2023 for grant of bail to the petitioner in connection with ND&PS Case No. 98/2026 corresponding to Saitual PS Case No. 09/2026, under Section 22(c)/25/29 of the ND&PS Act.” Further, though the cause title of the bail application reflects the name of the father of the petitioner as Mokaddas, the description of the petitioner who has been considered to be entitled to the privilege of bail shall be read as Dildar Hussain (aged about 32 years) S/o Mokaddas Ali, R/o Tarakandi, District of Barpeta. This disposes of the Interlocutory Application.
JUDGE Comparing Assistant