Page No.# 1/3 GAHC010036642025 2025:GAU-AS:2403 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./484/2025 HABIBAR RAHMAN S/O- OWAHAJ UDDIN, R/O- VILL- KAURPARA, PS GOBARDHANA, DIST- BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06.03.2025 Heard Mr. N. Ahmed, learned counsel for the petitioner as well as Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Habibar Rahman, son of Owahaj Uddin, resident of village- Kaurpara, Police Station-Gobardhana, District-Baksa has filed this application under Section 483 BNSS, 2023 praying for his bail in Howly Police Station Case No. 01/2025, registered under Page No.# 2/3 Section 21(b) of the NDPS Act, 1985, in which, the petitioner was arrested on 05.01.2025 and is in custody since then. 3) Matter relates to recovery of 23.51 grams of suspected Heroin from the conscious possession of the petitioner on 05.01.2025, while conducting a search at Howly town, falling under the jurisdiction of Howly Police Station. 4) On being enquired, Mr. B. Sharma, learned Additional Public Prosecutor, Assam has submitted that FSL report is yet to be received, for which charge-sheet in said Howly P.S. Case No. 01/2025 could not be filed. 5) The petitioner, as on today, has completed the statutory/mandatory period of 60 (sixty) days in custody in said Howly P.S. Case No. 01/2025. 6) In view of the above, the petitioner is entitled for his default bail in said Howly P.S. Case No. 01/2025. 7) Accordingly, the petitioner, namely, Habibar Rahman, son of Owahaj Uddin is granted default bail in said Howly P.S. Case No. 01/2025 on furnishing a bail bond of Rs. 75,000/- with two local sureties, each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Barpeta subject to the conditions that the petitioner — i) shall appear before the concerned Investigating Officer of said Howly P.S. Case No. 01/2025, as and when he is required for necessary investigation of the case; ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Barpeta on or before 13.03.2025, obtaining necessary acknowledgment in that regard from the said authority; iii) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Barpeta 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 Page No.# 3/3 disclosing such facts to the Court or to any police officer and vi) shall not indulge himself in any such criminal activities including possession or procurement, transportation and selling of any such NDPS items 8) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Habibar Rahman, son of Owahaj Uddin, the bail granted to him in said Howly P.S. Case No. 01/2025 shall stand automatically vacated. 9) This bail application stands allowed to the extent above. JUDGE Comparing Assistant