Page No.# 1/4 GAHC010120532025 2025:GAU-AS:7542 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1875/2025 VISHAL KUMAR R/O MADHUPUR, WARD NO- 10 P O- MADHUPUR P S-SUPPI DIST- SITAMARHI, (BIHAR) PIN-843315 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : F K R AHMED, MRS. H THAKURIA,M U BARBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 10.06.2025 Heard Mr. F K R Ahmed, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Vishal Kumar, son of Sri Sumar Sah resident of Village-Madhupur, Ward No. 10, P.S.-Suppi, District-Sitamarhi, Bihar, has filed this application under Section 483 BNSS, 2023 on 03.06.2025 praying for his bail in Special (Nar) Case No. 03 (Bgn)/2025, arising out of Bongaigaon GRPS Case No. 87/2024, registered under Section 21(C) of the NDPS Act, Page No.# 2/4 1985, trial of which is presently pending before the learned Special Judge (NDPS), Bongaigaion in which he was arrested on 26.07.2024 and is in custody since then. 3. Contention of the petitioner is that while arresting him on 26.07.2024 in said Bongaigaon GRPS Case No. 87/2024, authorities concerned of Bongaigaon GRPS did not comply with the provisions of Sections 47 and 48 of the BNSS and did not inform him the grounds and reasons of his arrest. 4. It is submitted by the petitioner that in terms of the decisions of the Hon’ble Supreme Court in the cases of Prabir Purkayastha -Vs.- State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269, he is entitled for his bail in said Bongaigaon GRPS Case No. 87/2024. 5. Perused the records of the case. 6. As per the FIR the prosecution’s case is that on the night of 25.07.2024 around 11 PM on receipt of specific information police personnel from Bongaigaon GRPS proceeded to Platform No. 1 of the New Bongaigaion Junction and intercepted the petitioner on the intervening night of 25.07.2024 and 26.07.2024 from Coach No. B4 of Avadh Assam Express (DBRG-LGH) DN (Train No. 15909) and recovered from his conscious possession 26 soap cases along with one VIVO mobile phone, where the soap cases contained powdery substance suspected to be Heroin. 7. After his arrest on 26.07.2024, the petitioner was produced before the learned Special Magistrate, Bongaigaon on 27.07.2024 and since then he is in judicial custody. 8. It is also seen from the records that FSL report dated 22.10.2024 confirmed the seized substances recovered from the conscious possession of the petitioner to be Heroin. 9. After completion of the investigation, charge-sheet in said Bongaigaon GRPS Case No. 87/2024 was submitted on 19.11.2024 under Section 21(C) of the NDPS Act against the petitioner. 10. After filing of charge-sheet in said Bongaigaon GRPS Case No. 87/2024, the same was re- registered and numbered as Special (Nar) Case No. 03 (Bgn)/2025 before the Court of the learned Special Judge (NDPS) cum Sessions Judge, Bongaigaion. Cognizance of the offence under Section 21(C) of the NDPS Act was taken by the Court of learned Special Judge (NDPS) cum Sessions Judge, Bongaigaion on 06.01.2025 and charge under Section 21(C) of the NDPS Act was framed against the accused petitioner by the said Court on 01.02.2025. Page No.# 3/4 11. Case record reveals that as on 14.05.2025, out of 7 named prosecution witnesses in the charge-sheet, prosecution have adduced evidence of 2 of its witnesses, who were thoroughly cross-examined by the defence on behalf of the petitioner. 12. From the records of the case, it is also seen that authorities of Bongaigaon GRPS duly complied with the provision of Section 50 of the NDPS Act, informing the petitioner that he is in possession of NDPS items and accordingly searched him and the NDPS items were seized from his conscious possession. 13. However, while arresting him on 26.07.2024 in said Bongaigaon GRPS Case No. 87/2024 under Section 21 (C) of the NDPS Act, though notice under Section 50 CrPC was served upon the petitioner, which the petitioner himself received on 26.07.2024, but the same is not in conformity with the provisions of Section 50 of the CrPC as well as the law laid down by the Hon’ble Apex Court in the cases of Prabir Purkayastha (Supra) and Vihaan Kumar (Supra). 14. It is also seen from the records of the case that authorities of Bongaigaon GRPS while arresting the petitioner on 26.07.2024 did not comply with the provisions of Section 50 CrPC and as such, violated the provisions of Article 22 of the Constitution of India. 15. Considering such materials in the case records and since the police personnel of Bongaigaon GRPS while arresting the petitioner on 26.07.2024 in Bongaigaon GRPS Case No. 87/2024 did not comply with the provisions of Section 50 CrPC and thereby violated the Provisions of the Article 22 of the Constitution of India, the petitioner is entitled for his bail in said Special (Nar) Case No. 03 (Bgn)/2025, arising out of Bongaigaon GRPS Case No. 87/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS), Bongaigaion, if he is not required in any other criminal case. 16. Accordingly, the petitioner, namely, Vishal Kumar, son of Sri Sumar Sah be released on bail in said Special (Nar) Case No. 03 (Bgn)/2025, arising out of Bongaigaon GRPS Case No. 87/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, permanently serving in the State of Assam, to the satisfaction of the learned Special Judge (NDPS), Bongaigaion subject to the conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Bongaigaion without obtaining prior written permission from the said authority, till Page No.# 4/4 disposal of said Special (Nar) Case No. 03 (Bgn)/2025; ii) shall regularly attend the Trial before the learned Special Judge (NDPS), Bongaigaion in said Special (Nar) Case No. 03 (Bgn)/2025 and shall co-operate with the said Special Court during the trial of the said case till its disposal; iii) shall not hamper and/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 and v) shall not involve himself in any criminal activities in the future. 17. 17. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Vishal Kumar, the bail granted to him in said Special (Nar) Case No. 03 (Bgn)/2025, arising out of Bongaigaon GRPS Case No. 87/2024 shall stand automatically vacated. 18. It is also made clear that the learned Special Judge (NDPS), Bongaigaion shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner, named above, on bail in said Special (Nar) Case No. 03 (Bgn)/2025, to procure his attendance during the trial of the said case. 19. It is observed that this order relates to bail of the accused petitioner, namely, Vishal Kumar in said Special (Nar) Case No. 03 (Bgn)/2025 arising out of Bongaigaon GRPS Case No. 87/2024 and not on merits of the case. 20. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant