Crl.Pet./7/2026 of Sh. Minajul Laskar Vs The State of Mizoram on 8 April 2026

GAHC030002002026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./7/2026 Sh. Minajul Laskar S/o Mojarab Ali Laskar, Jhanjarbali, Sonai, Cachar District, Assam VERSUS The State of Mizoram Aizawl

Advocate for the Petitioner : Mr A Hussain Advocate for the Respondent : P.P./Addl.PP, Mizoram

BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG JUDGMENT / ORDER Date : 09.04.2026

Heard Mr. Abul Hussain Borbuiya, learned counsel for the petitioner. Also heard Ms. Linda L. Fambawl, learned Public Prosecutor, Mizoram.

2. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, has been filed by the petitioner, praying for modification of the bail condition imposed by the learned Judge, Special Court, ND&PS Act, Aizawl Judicial District, Aizawl, Mizoram, in BA No. 147/2026 under Section 22(c), 25 & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

3. It appears that the accused has already been granted bail by the learned

Judge, Special Court, ND&PS Act, Aizawl Judicial District, Aizawl, Mizoram, vide order dated 23.03.2026, in BA No. 147/2026, and directed to release him on bail on execution of a bail bond of Rs. 3,00,000/- with 2(two) sureties of like amount.

4. The grievance of the petitioner is that due to financial incapacity, the accused has not been able to furnish the aforesaid bail bond of Rs. 3,00,000/- and continues to remain in custody, thereby, defeating the very purpose of the order granting bail to him. He, therefore, prays for modification of the condition to execute a bail bond from Rs. 3,00,000/- to Rs. 50,000/- as imposed by the learned Judge, Special Court, ND&PS Act, Aizawl Judicial District, Aizawl, Mizoram, vide order dated 23.03.2026, in BA No. 147/2026.

5. Ms. Fambawl, learned Public Prosecutor, Mizoram, fairly submits that considering the financial condition of the accused as stated in this petition; some concessions reasonable to the accused, can be granted.

6. It is well-settled that bail conditions should not be so onerous as to frustrate the grant of bail itself. While imposing the bail conditions, the Court must strike a balance between securing the presence of the accused during trial and ensuring that such condition are not excessive, or, beyond the financial capacity of the accused.

7. Considering the facts and circumstances of the present case as well as the financial condition of the accused as stated by the learned counsel for the petitioner in this criminal petition, and also taking into account the fact that the accused has already been granted bail by the learned Judge, Special Court, ND&PS Act, Aizawl Judicial District, Aizawl, Mizoram, vide order dated 23.03.2026, in BA No. 147/2026; this Court is of the view that some modifications of the aforesaid bail order, as prayed for by the petitioner, is warranted.

8. Accordingly, the application is allowed in part.

9. The condition imposed by the learned Special Judge directing the accused to furnish bail bond of Rs. 3,00,000/- is modified to the extent that the accused shall be released on bail on furnishing a bail bond of Rs. 1,00,000/- with 2(two) sureties of like amount, to the satisfaction of the learned Special Judge, Narcotic Drugs and Psychotropic Substances Act.

10. The rest of the bail conditions imposed by the learned Judge, Special Court, ND&PS Act, Aizawl Judicial District, Aizawl, Mizoram, vide order dated 23.03.2026, in BA No. 147/2026, shall remain unaltered.

11. The bail order dated 23.03.2026 stands modified as indicated above.

12. With the above, the instant criminal petition stands disposed of.

JUDGE Comparing Assistant