Page No.# 1/4 GAHC010000462025 2025:GAU-AS:147 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./10/2025 AJIBAR SIKDAR S/O MAYEJUDDIN SIKDAR @ MIAJ UDDIN, R/O VILLAGE KOTHALORTARI,P.S, HOWLY, DISTRICT BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H A AHMED, MR. R ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06-01-2025 Heard Mr. R. Ali, learned counsel for the petitioner and Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Ajibar Sikdar, son of Mayejuddin Sikdar @ Miaj Uddin, resident of Village-Kothalortari, Police Station- Howly, District- Barpeta has filed this application under Section 483 BNSS, seeking bail in Howly Police Station Case No. 152/2024 registered under Section 21(b) of the NDPS Act, 1985, wherein, he was arrested on 25.10.2024 and is in custody since then. 3. On receipt of specific information on 24.10.2024 at around 7:20 PM from reliable source regarding peddling/selling of suspected Heroin at Kathalartari village under Howly Police Station by a suspected drug peddler, the same was entered as GD Entry No. 17/2024 dated 24.10.2024 and thereafter, with due authorization, with all the required materials including NDPS Kits, police personnel from Howly Police Station reached Kathalartari Bazar and apprehended the petitioner in front of Dayem Ali Sikdar’s house, where he was found roaming suspiciously near a motorcycle carrying two black colored polythene bags in his hand. After he was apprehended, in presence of independent witnesses, from the two polythene bags in presence of the petitioner, one light green coloured soap case containing suspected Herion weighing about 10.740 grams packed with transparent plastic polythene and one black colour soap case containing suspected Herion weighing about 11.50 grms packed with transparent plastic polythene, total 22.240 grms of suspected Herion was recovered from the possession of the petitioner herein. 4. Accordingly, Howly P.S. Case No. 152/2024 under Section 21(b) of the NDPS Page No.# 3/4 Act, 1985 was registered. 5. The petitioner herein was arrested on 25.10.2024 and he was also produced before the Court of learned Chief Judicial Magistrate, Barpeta. 6. On being enquired, Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam submitted that due to non-availability of the FSL report of the seized NDPS items, charge-sheet in said Howly P.S. Case No. 152/2024 could not be filed till date. 7. In the meanwhile, the petitioner since 25.10.2024 has completed 73 days in custody and hence, completed the statutory period of detention. Therefore, the petitioner is entitled for his default bail in said Howly P.S. Case No. 152/2024. 8. Accordingly, the petitioner, namely, Ajibar Sikdar, son of Mayejuddin Sikdar @ Miaj Uddin is granted default bail in said Howly P.S. Case No. 152/2024 on furnishing bail bond of Rs. 75,000/-, with two local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned Special Judge (NDPS)-cum-Sessions Judge, Barpeta on conditions that the petitioner, named above (i) shall appear before the Investigating Officer of said Howly P.S. Case No. 152/2024 as and when he is required for necessary investigation of said Howly P.S. Case; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS)-cum- Sessions Judge, Barpeta on or before 13.01.2025; (iii) shall not leave the territorial jurisdiction of Howly Police Station without obtaining prior written permission from the Investigating Officer of the case; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (vi) shall not indulge himself in any such criminal Page No.# 4/4 activities in future including possession or procurement of such NDPS items, failing which, the bail granted to him in said Howly P.S. Case No. 152/2024 shall stand automatically vacated. 9. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in said Howly P.S. Case No. 152/2024 shall stand automatically vacated. 10. Bail application stands allowed to the extent above. JUDGE Comparing Assistant