Page No.# 1/2 GAHC040020612025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/158/2025 Smti Sabikun Nehar Wife of Shri Jiyabur Rehman, resident of Latanoi, VTC Kawaimari, Sub District Samaguri, PO and PS Samaguri, Nagaon District, Assam 782140 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Duyu Nimey, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 19.12.2025 Heard Mr. D Nimey, learned counsel for the petitioner. Also heard Mr. G. Tado, learned Public Prosecutor, Arunachal Pradesh. This is an application filed under Section 483 of the BNSS, 2023 praying for granting bail to the accused Sri Jiyabur Rahman, who is in custody in connection with NDPS Case No. 40/2023 in Itanagar P.S. Case No. 270/2022. The accused has been facing trial before the court below. On 7 (seven) consecutive dates the accused was absent in the court below without any steps. After that, he himself surrendered before the court and he was remanded to custody. Page No.# 2/2 The learned counsel for the accused has submitted that the accused was arrested and detained in another case pending at Nagaon and this is the reason why he could not appear in the court in connection with the NDPS case aforesaid. Mr. Tado, on the other hand, has objected to the bail prayer of the accused stating that if the accused is released on bail, it will not be possible to procure his attendance again. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that, at this stage, the accused deserves to be released on bail. Therefore, the prayer for bail of the accused is allowed. Accordingly, it is hereby directed that the accused Sri Jiyabur Rahman, who is in custody in connection with NDPS Case No. 40/2023 in Itanagar P.S. Case No. 270/2022, shall be released on bail of Rs.50,000/- with 2 (two) sureties of like amount to the satisfaction of the learned Special Judge, NDPS, Yupia, Arunachal Pradesh. It is further directed that if the accused fails to appear on each and every dates of hearing before the court below, his presence shall again be procured by due process of law. With the above, the bail application is disposed of. JUDGE Comparing Assistant