Page No.# 1/3 GAHC010169252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2452/2025 NAJRUL ISLAM SON OF LT. AMIR HUSSAIN R/O VILL- DAKHIN ASHI NAGAR NIL BAGA, P.S. HOJAI DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, B. D. KAKATI,S. J. SAHARIAH,MR. D SARMAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 06.02.2026 1. Heard Mr. D. Sarmah, learned counsel for the petitioner and also heard Mr. K. Baishya, learned Addl. P.P. for the State. 2. In this petition under Section 483 BNSS, the accused-petitioner, namely, Page No.# 2/3 Najrul Islam, who was arrested on 27.05.2025 in connection with Samaguri P.S. Case No. 127/2025 under Section 21(c)/25/29 of NDPS Act corresponding to G.R. Case No. 1200/2025 is seeking bail. 3. Briefly put the prosecution case is that the 359 grams of suspected heroine was recovered from the possession of the accused persons on 27.05.2025, while the petitioner was travelling in a Innova vehicle from the Doboka towards Tezpur side and which was intercepted at Samaguri. 4. The short point raised by the learned counsel for the petitioner is regarding non-compliance with Section 48 BNSS which requires furnishing of the grounds of arrest in writing to the family members/friends/nominated person of the arrestee. 5. The instructions as called for along with scanned copy of TCR is available. 6. A perusal of the purported notice under Section 48 BNSS reveals that against the column where the grounds of arrest are required to be mentioned, the space has been left totally blank. In other words, no grounds of arrest were furnished to the relatives/friends/nominated person of the arrestee thereby rendering arrest legal in terms of the direction of the Apex Court in the case of Vihan Kumar Vs State of Haryana reported in 2025 SCC OnLine SC 269 7. In view of the above, the prayer for bail is allowed. 8. The accused-petitioner, Najrul Islam, shall be released on bail of Rs.50,000/-(Rupees Fifty Thousand) with two sureties of like amount to the satisfaction of learned trial Court in connection with the aforesaid case. 9. It is further provided that it would be open for the I.O, to proceed as per the direction of the Apex Court in the case of Mihir Rajesh Shah Vs. The Page No.# 3/3 State of Maharashrtra reported in 2025 INSC 1288 10. The bail petition stands disposed of accordingly. JUDGE Comparing Assistant