Page No.# 1/3 GAHC010013462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./181/2025 NAZRUL ISLAM @ NOJIRUL ISLAM S/O ABAD ALI, R/O VILLAGE PANDOBA, P.S. BAGUAN, DISTRICT GOALPARA, ASSAM, PIN 783120 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD E AHMED, MR. D HUSSAIN,MR M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 07.02.2025 Heard Mr. E. Ahmed, learned counsel for the accused and Mr. K.K. Das, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS, 2023 is preferred by accused, namely, Nazrul Islam @ Nojirul Islam, who has been languishing in jail hazot in connection with Lakhipur P.S. Case No. 10/2025, under Sections 303(2)/317(2) Page No.# 2/3 of the BNS, read with Sections 53(1)(a)/54 of the Assam Excise Act, 2000, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Bigyajit Das of Baguan P.S. on 16.01.2025. The essence of allegation against the present accused is that acting on a tip off, the informant, along with other staff, apprehended one Nazrul Islam and during interrogation, he disclosed that huge quantity of stolen foreign liquors were being stored in the house of one Singsing Marak of village Bamundanga Part-II, and accordingly, a search was conducted in the house of Singsing Marak and during search, 46 numbers of cartons of foreign liquor were seized in presence of witnesses by preparing seizure list. 4. Mr. Ahmed, the learned counsel for the accused submits that the accused was arrested on 17.01.2025 and since then, he has been languishing in jail hazot for last 21 days, and that nothing has been recovered from his possession and that the seized foreign liquors were recovered from the house of one Singsing Marak of another village, namely, Bamungdanga Part-II, and that the accused is ready to cooperate with the investigating agency, and therefore, it is contended to allow this petition. 5. On the other hand, Mr. 5. On the other hand, Mr. Das, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected some materials against the present accused and that on the basis of information received from the present accused, the seized foreign liquors were recovered from the house of Singsing Marak, and therefore, Mr. Das has opposed the petition. 6. Having heard the submissions of learned Advocates of both sides, I have Page No.# 3/3 carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Das, learned Additional Public Prosecutor. 7. It appears that the accused was arrested on 17.01.2025 and since then, he has been languishing in jail hazot for last 21 days. Further, the case diary indicates that though some materials have been collected against the present accused, yet the seized foreign liquors were recovered from the house of one Singsing Marak and not from the possession of the present accused, and balancing the period of detention with that of the nature and gravity of the offence and punishment prescribed for the same and further considering the stage of investigation, further custodial detention of the accused seems to be not warranted here in this case, and accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned CJM, Goalpara, the accused be enlarged on bail. 8. In terms of above, this bail application stands disposed of. 9. Case diary be returned. JUDGE Comparing Assistant