Page No.# 1/4 GAHC010153492025 2025:GAU-AS:11460 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2247/2025 HIRANYA THAKURIA S/O- UTTAM THAKURIA. R/O- VILL.- MOKHONIA, P.O.- BOROMBOI, P.S.- HAJO, DIST.- KAMRUP, ASSAM, PIN-781104. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. S K NARGIS, MS S BEGUM,MS N SULTANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.08.2025 Heard Mr. S.K. Nargis, learned counsel for the petitioner. Also heard D.P. Goswami, learned Add. Public Prosecutor for the State respondent. 2. By this application, the petitioner has prayed for bail in connection with NDPS Case No. 31/2024 arising out of North Guwahati P.S. Case No. 151/2023 Page No.# 2/4 registered under Section 279/388/34 of IPC read with Section 21(c)/29 of NDPS Act read with Section 25 (1-A)/27/35 of the Arms Act, 1959 3. The FIR dated 03.12.2023 lodged by the Inspector of Golabari Police Station reveals that on an information about a Swift vehicle carrying contrabands from Hajo to Amingaon, a Police team was formed and they located the said vehicle and upon surrounding the same, when they were about to open the door of the said vehicle, shots were fired from inside and the driver of the vehicle ran over the informant causing injuries and tried to flee from the scene. However, it is stated that the vehicle ultimately hit a tempo and it stopped and it was surrounded again and 3 occupants were found, one being the driver, who is the petitioner. It is also submitted that inside the car at the rear seat, a colour bag was found containing contrabands, i.e., suspected heroin weighing 375 grams, which comes under the commercial quantity. It is also stated that one of the occupants of the vehicle died and the other two were hospitalized. It is the driver who has come praying for bail in this petition. 4. On completion of the investigation, the Police submitted Charge-sheet against the two accused persons on 28.05.2024. Thereafter, upon completion of necessary requirements, the charges were framed on 06.03.2025 and it is stated that only 1 witness out of the 37 witnesses has been examined that too, his examination-in-chief was not over and it was posted on a subsequent date. 5. Ms. S.K. Nargis, learned counsel for the petitioner submits that the petitioner was simply driving the vehicle and had no connection whatsoever with the bag that was found at the rear seat of the vehicle and the person who was on the rear seat by the side of the bag had died due to the firing in the incident. She further states that the petitioner has been inside since 02.01.2024 and is presently inside the jail for 1 year 7 months 25 days. Page No.# 3/4 6. Ms. S.K. Nargis, learned counsel both on merits as well as delay in the proceeding has prayed for bail. To substantiate her arguments, she has placed a number of decisions of the Hon’ble Supreme Court as well as the High Court. 7. On the other hand, Mr. D.P. Goswami, learned Add. Public Prosecutor for the State respondent submits on perusal of the scanned copy of the Trial Court Record that the petitioner is the driver of the vehicle and he alongwith the other two occupants were in conscious possession of the contraband drugs that was seized. He further submits that the seizure list also shows the same and as such, he prays that no bail may be granted to him. 8. The learned Add. Public Prosecutor has also placed reliance on certain judgment and vehemently objected to the grant of bail to the petitioner. 9. I have heard the learned counsels for the parties and have gone through the records. 10. It is reflected in the FIR that one of the occupants of the vehicle was on the left side of the driver seat and it is also seen that the arms were also found in the said seat, i.e., on the left side of the driver seat, where the other occupant was there and the contrabands were in the rear seat of the said vehicle. 11. It is held by the Hon’ble Apex Court that as far as the conscious possession of the contraband are concerned, the same is the subject matter of the trial. Furthermore, the fact that the petitioner was arrested on 02.01.2024 and since then, he is inside and that only 1 witness out of the 37 witnesses was examined, that too, his examination was not over, this Court finds it fit to release the petitioner on bail on furnishing bail bond of Rs. 20,000/- with 2 local sureties of like amount to the satisfaction of the learned Addl. Sessions Judge, Page No.# 4/4 Amingaon, Kamrup under the following conditions:- 1. The petitioner will co-operate with the investigation and will appear before the Trial Court as and when called for. 2. The petitioner will not leave the place of residence without the prior permission of Addl. Sessions Judge, Amingaon, Kamrup. 3. The petitioner will not influence any of the witnesses connected with the instant case. 12. Accordingly, the Bail Application stands disposed of. JUDGE Comparing Assistant