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2026 DAILYLAW 1010 (GAU)

MONI ALIAS KABIR HUSSAIN v. THE STATE OF ASSAM

AB/319/2026 · 2026-04-05

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010024772026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/319/2026 MONI ALIAS KABIR HUSSAIN SON OF ABDUL SUKKUR RESIDENT OF VILLAGE GANGPAR BAGARSANGAN PS SRIBHUMI DISTRICT SRIBHUMI ASSAM 788709 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MS S MOCHAHARI,MS K BORAH,MR. S DUTTA,MR. S SHOME Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 Heard Mr. S Dutta, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Special (NDPS) Case No.62/2025 arsing out of Karimganj P.S. Case No. 433/2025 pending in the Court of the learned Special Judge, Sribhumi. Page No.# 2/2 3. The petitioner Moni @ Kabir Hussain has been shown as an absconder in the charge sheet. He, now, apprehends that if he appears before the court below, he will be remanded to custody. 4. Mr. Medhi submits that the petitioner is interested in facing the trial and therefore, the petitioner should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, therefore he deserves to be given adequate opportunities to that effect. 7. Therefore, the Anticipatory Bail Application filed by the petitioner is allowed. 8. It is hereby directed that the Moni @ Kabir Hussain is directed to appear before the Court of the learned Special Judge, Sribhumi in connection with Special (NDPS) Case No.62/2025 within next 10 days from today. On his appearance, he shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Special Judge, Sribhumi. 9. With the aforesaid direction, this application stands disposed of accordingly. JUDGE Comparing Assistant