Page No.# 1/3 GAHC010023982025 2025:GAU-AS:2000 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./305/2025 NAJIR HUSSAIN @ NAJIR HOSEN MANDAL S/O- SORHAB ALI @ CHORHAB ALI MANDAL, R/O- VILL- HAGURIPARA, P.O- TAKIMARI, P.S- LAKHIPUR, DIST- GOALPARA, ASSAM, PRESENT ADDRESS VILL- NIDANPUR PART-II, P.O AND P.S- LAKHIPUR, DIST- GOALPARA, ASSAM VERSUS THE STATEOF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MR. R ISLAM Advocate for the Respondent : MS. N DAS, Addl. P.P., BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 25-02-2025 Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Najir Hussain @ Najir Hosen Mandal, son of Sorhab Ali @ Chorhab Ali Mandal, resident of Village-Haguripara, P.O.-Takimari, Police Station- Lakhipur, District-Goalpara, present address Village-Nidanpur Part-II, P.O. & P.S.- Lakhipur, District- Page No.# 2/3 Goalpara, Assam has filed this application under Section 483 BNSS, 2023, on 06.02.2025 seeking bail in Lakhipur Police Station Case No. 294/2024 corresponding to G.R. No. 1207/2024 registered under Sections 21(b)/29 of the NDPS Act, wherein he was arrested on 30.12.2024 and is in custody since then. 3. Matter relates to recovery of suspected heroin from the conscious possession of the petitioner weighing about 12.75 grams on 29.12.2024 while making a search at Itakhuli roadside under Lakhipur Policer Station on the basis of information. 4. It is submitted that since 30.12.2024 the petitioner is in custody for 58 days till date and that the prosecution has not filed any charge sheet in the case till date. 5. On being enquired, Mr. Sarma, learned Addl. PP, Assam on instruction submitted that charge-sheet in said Lakhipur P.S. Case No. 294/2024 has not been filed till date. 6. Since his arrest, the petitioner is already in custody for about 58 days as on date, tomorrow, i.e., 26.02.2025 being holiday, there is no possibility of the authorities concerned to file the charge-sheet in the case and on the reopening day, i.e., 27.02.2025, the petitioner will complete the mandatory period of 60 days in custody. In view of the above, the petitioner is entitled for his default bail in said Lakhipur P.S. Case No. 294/2024. 7. Accordingly, the petitioner, namely, Najir Hussain @ Najir Hosen Mandal, son of Sorhab Ali @ Chorhab Ali Mandal is granted default bail in said Lakhipur P.S. Case No. 294/2024 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties each of the like amount, to the satisfaction of the learned Special Judge (NDPS)-cum-Sessions Judge, Goalpara on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Lakhipur P.S. Case No. 294/2024 as and when he is required for necessary investigation of said Lakhipur P.S. Case; (ii) shall surrender his passports, if any, before the learned Special Judge (NDPS)-cum- Sessions Judge, Goalpara on or before 03.03.2025; (iii) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS)-cum-Sessions Judge, Goalpara, without obtaining prior written permission from the said authority; (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 Page No.# 3/3 police officer and further (vi) shall not indulge himself in any such criminal activities including possession or procurement of such NDPS items, failing which, the bail granted to him in said Lakhipur P.S. Case No. 294/2024 shall stand automatically vacated. 8. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Lakhipur P.S. Case No. 294/2024 shall stand automatically vacated. 9. Bail application accordingly, stands allowed to the extent above. JUDGE Comparing Assistant