Page No.# 1/3 GAHC010014502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./201/2025 SRI JAHARUL ISLAM S/O FIYZUR RAHMAN R/O JAGANATHPUR , PS RATABARI , DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. J M A CHOUDHURY, K A SODIAL,MR. A B T HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.01.2025 Heard Mr. J. M. A. Choudhury, learned counsel for the accused and Mr. Goswami, learned Additional Public Prosecutor for the State respondents. 2. This petition under Section 483 of the BNSS is preferred by accused, namely, Sri Jaharul Islam, who has been languishing in jail hazot in connection Page No.# 2/3 with Badarpur Police Station Case No. 291/2024, under Sections 61/111/303(2)/317(2)/318(3)/318(4) of BNS, read with Section 53 (1) (A)/ 54 of Assam Excise Act 2018. 3. The above noted case has been registered on the basis of an FIR lodged by S.I(UB) Jyoti Prasad Das of Badarpur P.S. on 03.12.2024. The allegation against the present petitioner is that on 03.12.2024 at about 2:20 p.m., the informant had apprehended one Truck bearing registration No. AS26AC0228, driven by the present accused and recovered 105 Nos. of cartons of Royal Stag IMFL from the vehicle and he carried the same without any documents. 4. The learned counsel for the accused submits that the accused was arrested on 03.12.2024 and he was remanded to judicial custody on 04.12.2024 and since then, he has been languishing in jail hazot for the last 56 days and that the accused is a driver and without his knowledge, the IMFL liquor were loaded in the vehicle and he has disclosed everything before the Investigating Agency including the mobile number of the person who have loaded the aforesaid consignment in his vehicle and that he is ready to co-operate with the Investigating Agency and therefore it is contended to allow the petition. 5. On the other, Mr. Goswami, learned Additional Public Prosecutor submits that at this stage, only Case Diary may be called for. 6. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and decided to dispose of this petition without perusing the Case Diary, in view of the length of detention of the accused in jail hazot since the accused was arrested on 03.12.2024. 7. It appears that the case relates only to Excise Act because of failing to Page No.# 3/3 produce the relevant documents in respect of 105 Nos. of cartons of Royal Stag IMFL in the Truck bearing registration No. AS26AC0228, though, the case is also registered under Sections 61/111/303(2)/317(2)/318(3)/318(4) of the BNS. 8. It is to be noted here that here in this Case that the punishment prescribed for the offences under the Excise Act under Sections 53(1)(A)/54 of Assam Excise Act 2018, 6(six) months which may extended to 3(three) years. 9. Having considered the submission made by the learned counsel for the parties and also considering the length of detention as well as nature of gravity of the offence 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 SDJM, Sribhumi, the accused be enlarged on bail. 10. In terms of above, this bail application stands disposed of. 11. Case diary be returned. JUDGE Comparing Assistant