Gauhati High Court
Bail Appln./3606/2022 of DILBAR BHUYAN AND ANR Vs THE STATE OF ASSAM on 28 December 2022
GAHC010264972022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3606/2022 DILBAR BHUYAN AND ANR S/O BASER BHUYAN R/O GORAIMARIGAON (PALHAJI) P.S. AND DIST. BARPETA, ASSAM 2: MOHIBUL ISLAM S/O KALU MIYA R/O GORAIMARIGAON (PALHAJI) P.S.
GAHC010264972022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3606/2022
DILBAR BHUYAN AND ANR S/O BASER BHUYAN R/O GORAIMARIGAON (PALHAJI) P.S. AND DIST. BARPETA, ASSAM
2: MOHIBUL ISLAM S/O KALU MIYA R/O GORAIMARIGAON (PALHAJI) P.S. AND DIST. BARPETA ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S HOQUE
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE MALASRI NANDI
ORDER
28.12.2022
Heard Mr S Hoque, learned counsel for the petitioner and Mr B Gogoi, learnedAdditional Public Prosecutor for the State of Assam.
By filing this application under 439 CrPC, the accused petitioners, 1) DilbarBhuyan and 2) Mohibul Islam, have prayed for bail, who have been arrested on04.11.2022, in connection with Garchuk PS Case No. 315/2022, under Section 21 (b) ofthe NDPS Act.
It is submitted by learned counsel for the accused petitioners that nothing has beenrecovered from the possession of the accused petitioners. However, the seizedcontrabands were seized from the possession of another accused person, namely, AnisurRahman.
The allegation against the accused petitioners is that the arrested accused, AnisurRahman stated that the present petitioners were involved in this case as he purchased thesaid drugs from one of the petitioners, i.e., Dilbar Bhuyan.
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It is also submitted by the learned counsel for the petitioners that the petitionershave been detained in judicial custody since 04.11.2022 and they have completed 55days in jail hazot. As such, he has prayed that the bail prayer made on behalf of thepetitioners may be accepted.
On the other hand, learned Additional Public Prosecutor has also raised noobjection on the prayer made on behalf of the petitioners.
The Case Diary is received. I have perused the same.
The Investigating Officer has failed to collect any other incriminating materialagainst the present petitioners, except the statement of the accused, Anisur Rahman thathe purchased the seized drugs from the petitioner, Dilbar Bhuyan.
Considering the submissions made by the learned counsel for both the parties aswell as period of detention, the bail prayer made on behalf of the petitioners is accepted.Accordingly, it is provided that on furnishing bail bonds of Rs. 25,000/- (Rupees TwentyFive Thousand) each, only, with two sureties of like amount to the satisfaction of thelearned Special Judge, Kamrup (Metro), the accused petitioners, namely, 1) Dilbar Bhuyan and 2) Mohibul Islam, who have been languishing in jail hazot, since04.11.2022, in connection with Garchuk PS Case No. 315/2022, under Section 21 (b) ofthe NDPS Act, be enlarged on bail.
The bail application stands disposed of.
Send back the case diary.
JUDGE
Comparing Assistant
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