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2025 DAILYLAW 12707 (GAU)

DURGA DEVI v. THE STATE OF ASSAM

I.A.(Crl.)/552/2025 · 2025-06-16

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010106802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/552/2025 DURGA DEVI W/O SHRI BIRENDRA SHAHANI, RESIDENT OF VILLAGE LALMATI, PS HATHURI, DIST MUJAFARPUR, BIHAR, 800001 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2602/2024 SMTI DURGA DEVI W/O SHRI BIRENDER SHAHANI VILL- LALMATI P.S.-HATHAURI DIST-MUJAFARPUR BIHAR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR S RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 17.06.2025 Heard Mr. F. Z. Mazumder, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor. This interlocutory application has been filed for modification of the order dated 18.09.2024 passed in BA No. 2602/2024 whereby the applicant was allowed to go on bail. It is submitted by the learned counsel for the petitioner that the petitioner vide order dated 18.09.2024 was allowed to go on bail on furnishing bond of Rs.2,00,000/- with two local surety of like amount, one of which shall be government employee of the state of Assam to the satisfaction of learned Additional Sessions Judge No.5, Kamrup(M) It is further submitted that the petitioner is a permanent resident of the State of Bihar and presently detained in the central jail at Guwahati and he has no any relative or friend in the state of Assam working as government employee and prayed that the order dated 18.09.2024 passed in BA No. 2602/2024 be modified by granting liberty to the applicant to furnish any other mode of surety other than Government employee from the state of Assam. Learned Additional Public Prosecutor has opposed the prayer of the petitioner by stating that as the order has already been passed regarding the Government surety and the matter relates to trafficking of narcotic drug. Page No.# 3/3 Having heard the learned counsel for both the parties, prayer of the petitioner for modification of order stands rejected. With the above direction, the interlocutory application stands disposed of. JUDGE Comparing Assistant