Page No.# 1/2 GAHC010278302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4157/2025 ABINASH RAM AND ANR S/O RAMJIT RAM, R/O VILL RAMPUR, P.O- BIMARI, P.S- BIHIYA, DIST- BHOJPUR, BIHAR 2: VIKASH KUMAR SINGH S/O ARJUN KUMAR SINGH R/O VILL MAKHDUMPUR P.O- BELAUTI P.S- BIHIYA DIST- BHOJPUR BIHA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MR. A BHATTACHARJEE,MS. K MALAKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.01.2026 Heard the learned counsel Mr. A Bhattacharyya appearing for the petitioners. Also heard Page No.# 2/2 Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023 whereby the petitioners, namely, 1. Abinash Ram & 2. Vikash Kumar Singh have prayed for releasing them on bail, after they were arrested in connection with Spl. (NAR) Case No. 17(BGN)/2025 arising out of Bongaigaon GRPS Case No. 123/2024. 3. 55.5 kilograms of ganja was allegedly recovered from the possession of the petitioner while he was travelling in a train. 4. The petitioner No. 1 Abinash Ram is aged about 19 years and the petitioner No. 2 Vikash Kumar Singh is aged about 22 years. Till now, 7 (seven) witnesses out of 11 (eleven) witnesses have been examined by the trial court. They have spent 459 days in judicial custody. 4. I have considered the submissions made by the learned counsel of both sides. 5. It is a settled position of law that long incarceration mitigates against the fundamental right granted by the Constitution of India. The trial of the case before the trial court is going on slow phase. Considering the aforesaid facts, the petitioners no longer deserve to be detained in custody. 6. The bail application of the petitioners is allowed. 7. It is hereby directed that the petitioners, namely, 1. Abinash Ram & 2. Vikash Kumar Singh, who were arrested in connection with Spl. (NAR) Case No. 17(BGN)/2025 arising out of Bongaigaon GRPS Case No. 123/2024, shall be released on bail of ₹50,000/- each with sureties of like amount to the satisfaction of learned Special Judge, Bongaigaon, Assam. The bail application is disposed of accordingly. JUDGE Comparing Assistant