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2025 DAILYLAW 20344 (GAU)

SRI ARUN BEHRA v. THE STATE OF ASSAM

Bail Appln./3376/2025 · 2025-10-21

Pranjal Das

body2025

Judgment text

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Page No.# 1/2 GAHC010230182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3376/2025 SRI ARUN BEHRA SON OF LATE BENU GOALA, R/O KONIBORI, P.O. GOHPUR, P.S. GOHPUR DIST. BISWANATH, ASSAM, PIN-784168 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 22.10.2025 Heard Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. P.Borthakur, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Arun Behra, has prayed for bail in connection with Gohpur P.S. case No. 90/2025 under Section 20(B) (ii) (B), 25,27 and 29 of NDPS Act, 1985. 3. The allegation is about recovery of approximately 10.185 kg suspected ganja on his possession. 4. It is submitted by the learned counsel for the petitioner that in the meantime the accused has completed 59 days in custody and the applicable Page No.# 2/2 statutory period is 60 days as the quantity is intermediate quantity. 5. The learned Additional P.P. submits that upon instruction that investigation is not yet completed. Though, the statutory period of 60 days is not yet completed, but the same will be completed tomorrow and the right to default bail will approve in favour of the petitioner on 24.11.2025, in the event of investigation not completed by the them. 6. In the circumstances, I am of the considered view that on the length of detention vis-a-vis statutory period, the bail petition can be allowed. 7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Gohpur P.S. case No. 90/2025 under Section 20(B) (ii) (B), 25,27 and 29 of NDPS Act, 1985, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned Court Special Judge, Biswanath. 8. The direction for bail is further subject to the conditions: (a) That the accused person shall not commit any illegal activities prohibited by the NDPS; (b) That the accused persons shall not hamper or tamper with evidence; and 9. Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. 11. Case diary shall be returned. JUDGE Comparing Assistant