Page No.# 1/3 GAHC010071112025 2025:GAU-AS:4855 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1036/2025 LUKHO MANDAL AND ANR S/O GAJADHAR MANDAL R/O VILL-NAVTOLIA, P.O.ISLAMPUR P.S. GOPALPUR DIST.BHAGALPUR, BIHAR. 2: TUNTUN MANDAL S/O GANGHA MANDAL R/O VILL-NAVTOLIA P.O. ISLAMPUR P.S.GOPALPUR DIST.BHAGALPUR BIHAR VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD.PP, ASSAM Advocate for the Petitioner : MS. K MALAKAR, MS A MAJUMDER Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 23/04/2025 Heard Ms. K Malakar, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioners, namely, (1) Lukho Mandal, son of Gajadhar Mandal, resident of Village- Navtolia, P.O. Islampur, P.S. Gopalpur, District-Bhagalpur, Bihar and (2) Tuntun Mandal, son of Gangha Mandal, resident of Village-Navtolia, P.O. Islampur, P.S. Gopalpur, District-Bhagalpur, Bihar, have filed this application under Section 483 of BNSS, 2023, on 02.04.2025, praying for their bail in Bongaigaon G.R.P.S. Case No. 26/2025 registered under Sections 20(b)(ii)(B)/29 of NDPS Act corresponding to G.R. No. 101/2025, wherein they were arrested on 22.02.2025 and are in custody since then. 3. As per the FIR dated 22.02.2025, 14.5 kgs. of suspected Cannabis was recovered from the possession of the petitioner. 4. After their arrest on 22.02.2025, the petitioners were produced before the learned Special Judge, Bongaigaon on 23.02.2025. 5. Mr. Parashar, learned Additional Public Prosecutor, Assam submitted that the FSL report of the Cannabis seized from the possession of the petitioners is yet to be received. As such, the charge- sheet in the case could not be filed. 6. On being enquired, Mr. Parashar, learned Additional Public Prosecutor, Assam from the case diary submitted that both the petitioners were arrested on the night of 22.02.2025. 7. Since 22.02.2025, till date, the petitioners are in custody for about 60 days but charge-sheet in the case has not been filed. 8. It is also seen that both the petitioners are from the State of Bihar. 9. As the authority concerned has failed to submit the charge-sheet in said Bongaigaon G.R.P.S. Case No. 26/2025, the petitioners are entitled for their default bail in said Bongaigaon G.R.P.S. Case, who are in custody since 22.02.2025. Page No.# 3/3 10. Accordingly, the petitioners, namely, (1) Lukho Mandal, son of Gajadhar Mandal and (2) Tuntun Mandal, son of Gangha Mandal are granted default bail in said Bongaigaon G.R.P.S. Case No. 26/2025 registered under Sections 20(b)(ii)(B)/29 of NDPS Act corresponding to G.R. No. 101/2025, on furnishing a bail bond of Rs.75,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the learned Special Judge (NDPS), Bongaigaon on conditions that the petitioners — (i) shall appear before the Investigating Officer of said Bongaigaon G.R.P.S. Case No. 26/2025 as and when they are required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the Bongaigaon G.R.P.S. without obtaining prior written permission from the learned Special Judge (NDPS), Bongaigaon; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (v) shall not involve themselves in any criminal activities in future including possession or procurement, transportation and selling etc. of such NDPS items; 11. Violation of any of the aforesaid terms and conditions by either of the petitioners, (1) Lukho Mandal and (2) Tuntun Mandal, the bail granted to them in the aforesaid Bongaigaon G.R.P.S. Case No. 26/2025 shall stand automatically vacated. 12. Accordingly, this bail application stands disposed of. 13. Return the case diary. JUDGE Comparing Assistant