Page No.# 1/2 GAHC010146992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1979/2026 ATIKUR RAHMAN S/O ABDUL JALIL, R/O DOBOKA WARD NO 3, PO AND PS DOBOKA, DIST HOJAI, ASSAM, PIN 782440 VERSUS STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : TAWHID LASKAR, MS. S NISHA SULTANA Advocate for the Respondent : PP, ASSAM, ::BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.08.2026 Heard Mr. Tawhid Laskar, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, namely- Atikur Rahman has prayed for releasing him on bail in respect of NDPS Case No.38/2026 pending in the court of learned District & Sessions Judge, Page No.# 2/2 Hojai. 3. 21 grams of heroin was allegedly recovered from the possession of the present petitioner. The charges under Section 21(a), 27A of the NDPS Act were framed against the present petitioner. Three prosecution witnesses were already examined. 4. Mr. Sama has objected to this bail application by referring to Section 37(b) of the NDPS Act. Mr. Sarma has submitted that there are no reasonable grounds for believing that the accused is not guilty of such an offence. 5. I have considered the submissions made by the learned counsels of both sides. 6. I have gone through the evidence of the three prosecution witnesses examined by the trial court. 7. At this stage, I have decided to consider the period of detention already undergone by the petitioner in custody. For the purpose of releasing the petitioner on bail, this Court is of the opinion that the period of detention already undergone by him in custody is a good ground for releasing him on bail. 8. Accordingly, considering the detention already undergone in custody, his bail application is allowed. The petitioner Atikur Rahman, who is facing trial in NDPS Case No.38/2026 pending in the court learned Special Judge, Hojai shall be released on bail of ₹50,000/- with a surety of like amount to the satisfaction of the learned District & Sessions Judge, Hojai. 9. The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, the trial court shall have the liberty to procure his attendance by due process of law. With the aforesaid direction, the present bail application is disposed of. JUDGE Comparing Assistant