Page No.# 1/4 GAHC010228202025 2025:GAU-AS:14317 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3363/2025 RAJESH GOWALA AND 3 ORS. S/O LATE KRISHNA GOWALA R/O JHANJUPARA, FATAPUKUR P.S. RAJGANJ DIST. JALPAIGURI, WEST BENGAL. 2: RAKESH GOWALA S/O LATE KRISHNA GOWALA R/O JHANJUPARA FATAPUKUR P.S. RAJGANJ DIST. JALPAIGURI WEST BENGAL 3: SANIL GOWALA S/O HARIYA GOWALA R/O JHANJUPARA FATAPUKUR P.S. RAJGARH DIST. JALPAIGURI WEST BENGAL. 4: BIJOY GOWALA S/O LATE DEEPSAN GOWALA R/O JHANJUPARA FATAPUKUR P.S. RAJGANJ DIST. JALPAIGURI WEST BENGA VERSUS THE STATE OF ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. S M MOLLAH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.10.2025 Heard Mr. S.M. Mollah, learned counsel for the petitioners and Mr. R. Kaushik, learned Addl. Public Prosecutor for the State respondent. 2. By this application, the petitioners have prayed for bail in connection with Jagiroad P.S. Case No. 218/2025 registered under Section 21(b)/29 of the ND&PS Act, 1985. 3. The FIR dated 03.08.2025 reveals that on a reliable information that four suspected persons were roaming suspiciously at Jagiroad Railway Over Bridge carrying one hand bag, the Police Personnel by forming a team, reached the said address and as per the information, they noticed the said four persons and on questioning them as to why they were loitering there, they could not give proper answers and identified them as the petitioners. The Police on search being made, found one black color plastic polythene bag concealed inside the hand bag containing 45 nos. of small plastic vials filled with powdery substances suspected to be heroin. The Police weighed the said contraband and found the net weight as 67 grams with plastic vials and 12.74 grams without the plastic vials including the white piece of paper. Thereafter, on completion of the Page No.# 3/4 necessary formalities, the petitioners were arrested and were put behind the bars. 4. Mr. S.M. Mollah, learned counsel for the petitioners submits that the petitioners were inside the jail for 54 days as of today and the mandatory period in the present offence is 60 days. He prays bail for the petitioners only on the ground of period of incarceration. 5. Mr. R. Kaushik, learned Addl. Public Prosecutor for the State respondent submits that the petitioners were from a different State and that contrabands were seized from them and then there is every likelihood that the petitioners may not appear after they were granted bail and as such, has vehemently objected from giving the same. 6. I have heard the learned counsels for the parties. 7. It is noticed that the petitioners have been incarcerated for 54 days as of today and since the contraband seized from them pertains to intermediate quantity and that also on the ground that the investigation has reached quite an extent and is left for only collection of the FSL report, this Court finds it fit that the petitioners be released on bail on furnishing bail bond of Rs. 30,000/- each, with 2 local sureties each of like amount to the satisfaction of the learned Special Judge, Morigaon under the following conditions:- 1. The petitioners will appear before the Trial Court as and when called for. 2. The petitioners will not leave their place of residence without the permission of the learned Court mentioned above. 3. The petitioners will not influence the witnesses which are connected with the instant case. Page No.# 4/4 8. Bail Application stands disposed of. JUDGE Comparing Assistant