Page No.# 1/4 GAHC030007852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./38/2025 .Sh. Laltlanhlua S/o Sh. Challianngura R/o Tahan, Myanmar P/A Zuangtui, Aizawl VERSUS The State of Mizoram R/b PP/Addl. PP, Mizoram Advocate for the Petitioner : Ms. Lalngaihsaki Fanai Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 04.12.2025 Heard Ms. Lalngaihsaki Fanai, learned counsel for the petitioner. Also heard Ms. Linda, learned Public Prosecutor, Mizoram for the State. 2. By way of this petition under Section 528 BNSS read with Section 483 of BNSS, 2023, the petitioner is seeking modification of the bail conditions imposed by the learned Judge, Special Court of ND&PS Act, Aizawl vide order dated 17.09.2025 passed in B.A. No. 353/2025. Page No.# 2/4 3. It appears that the petitioner was arrested on 17.07.2025 in connection with ND&PS Case No. 197/2025 arising out of Aizawl P.S. Case No. 276/2025 under Section 21(b) of the ND&PS Act, 1985 for alleged involvement in connection with seizure of 123.08 grams of suspected Heroin. 4. Thereafter, the learned Judge, Special Court of ND&PS Act, Aizawl was pleased to grant bail to the petitioner with the following conditions – “1. A bail bond of Rs. 2,00,000/- (Rupees Two Lakhs) only shall be executed by the accused person and two sureties. 2. One surety shall be any one of the family members of the accused and one surety shall be permanent resident of Aizawl, living in his/her owned house. 3. Sureties shall show financial soundness. 4. Sureties and the accused shall furnish photocopy of his/her Aadhar Card/EPIC Card/Driving License for proof of identity and residence. 5. Three copies of passport size photographs of sureties and accused shall be furnished. 6. Accused shall attend the court on each given date, and he shall not leave the state of Mizoram without prior written permission of this court, failing which, his bail bond shall be cancelled. 7. He shall not directly or indirectly make any inducement threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such fact to the court or tamper with evidence. 8. Accused shall provide his registered mobile number and one mobile number of responsible member of his family to the court and also the Investigating Officer. ” 5. Ms. Lalngaihsaki Fanai, learned counsel for the petitioner submits that the petitioner cannot fulfill the bail condition Nos. 1, 2 & 4 as he is a Myanmar national and his family members are not residing in the State of Mizoram. She further submits that the petitioner’s maternal aunt, Mrs. Lalnunfeli, w/o Mr. Vanlalliana, resident of Zuangtui, Aizawl may be allowed to stand as surety as family members of the Page No.# 3/4 petitioner. She further submits that since the petitioner could not produce documents to prove his relationship with her aunt, an affidavit in this regard may be accepted for proof of familial relationship for the purpose of executing the said bail bonds. She further submits that due to financial hardship, the petitioner is finding difficulty to execute the bail bond amount of Rs. 2,00,000/- and accordingly, prays for reduction of the bail bond to meet the ends of justice. She further submits that since the petitioner does not have any Aadhar Card/EPIC Card/Driving License etc., his Myanmar identity card may be accepted as an identity proof for the purpose of executing the bail bonds. 6. Per contra, Ms. Linda, learned PP, Mizoram, submits that as regards the reduction of the bail bond amount, the same may be reduced reasonably and as regards allowing the petitioner’s maternal aunt to stand as surety as family member of the petitioner, the same can be accepted provided an affidavit in this regard as proof of familial relationship for the purpose of executing the said bail bond is produced. However, she opposed accepting the Myanmar identity card as sufficient proof of identity in relation to the bail bond condition No. 4. She, however, submits that in the event the petitioner does not have the Aadhar Card/EPIC Card/Driving License etc, his identity card issued by the Government of Mizoram in respect of Myanmar Nationals may be accepted. 7. I have heard the learned counsels for the parties and perused the materials available on record. 8. It appears that because of the financial condition of the petitioner, he has not been able to arrange the bail bond amount of Rs. 2,00,000/- and since, he does not have any immediate family members, he is unable to arrange the surety as family members in support of the bail bond condition No. 2. It further appears that the petitioner is further unable to produce the identity cards as mentioned in the bail condition No. 4, despite being granted bail by the learned Trial Court by order dated 17.09.2025, he has not been released till date. Law is well settled that the bail Page No.# 4/4 conditions should not be excessive, so as to make the bail illusionary. However, the object of the bail being to secure the attendance of the accused, I am of the opinion that in the peculiarity of the facts of the prosecution case, the learned Trial Court would be the best to judge as regards the prayer for reduction of the bail bond conditions, as sought for in the present case. 9. Accordingly, this criminal petition is being disposed of, by allowing the petitioner to approach the learned Trial Court by filing appropriate application seeking modification of the aforesaid bail conditions. 10. Ordered accordingly. 11. Upon receipt of the application seeking modification of the aforesaid bail conditions, the learned Trial Court shall consider the same in accordance with law. The entire exercise, after receipt of the application for modification of the bail conditions, shall be completed within a period of 2 (two) weeks thereof. 12. With the above observations and directions, this criminal petition, stands dispose of. JUDGE Comparing Assistant