Page No.# 1/4 GAHC010002182026 2026:GAU-AS:1875 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./58/2026 JOYNAL HAQUE CHOUDHURY S/O LATE KALESH CHOUDHURY, R/O MANDIA, NEAR ANCHALIK COLLEGE, P.S. BAGHBAR, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 11-02-2026 Heard Mr. R. Ali, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Joynal Haque Choudhury, who was arrested in connection with Howly P.S. Case No. 144/2025, registered under Sections 180/181 BNS, 2023. 3. Case diary received. Perused the same. 4. Mr. Ali, learned counsel submitted that the petitioner is innocent and he is no way connected with the alleged offence. The petitioner is merely a E-Rickshaw puller and on the date of the incident, one person holding a bag came to him and hired his Rickshaw and after a while he asked the petitioner to stop the vehicle and thereafter, only police came and apprehended the petitioner, wherefrom some fake currency is alleged to have been recovered. 5. Mr. Ali, learned counsel further submitted that though the case is registered under Section 180/181 BNS, but Section 181 is not attracted against the present petitioner, as there is no ingredient in the FIR itself that he was using any machinery for preparation of the forged/fake currency, at best the case may attract Section 180 of the BNS, wherein the statutory period is 60 days. 6. Mr. Ali, learned counsel further submitted that there is no chance of absconding, rather he will extend his cooperation in the further investigation of the case, if he is granted with the privilege of bail. 7. Mr. Sarma, learned Addl. PP submitted in this regard that there are sufficient Page No.# 3/4 incriminating materials against the petitioner, from whose possession more than Rs.1,00,000/- fake currency notes with Rs.500/- denomination was recovered and this kind of offences also hampers the economy of this Country. Accordingly, he raised objection and submitted that there is sufficient progress in the investigation, however, the FSL report is yet to be collected by the I.O. 8. Mr. Sarma, learned Addl. PP further submitted that irrespective of the fact that whether the case attracts Section 180 or 181 BNS, but considering the nature of offence, the bail prayer of the petitioner may not be considered at this stage. 9. Heard the submissions made by the learned counsel for both sides, I have also perused the case diary as well as the case record. 10. It is a fact that there are materials against the petitioner in the case diary wherein fake currency notes were recovered from the possession of the petitioner. However, I do not find any other ingredients against the present petitioner to attract Section 181 BNS at this stage though investigation is still under progress. So only considering this aspect vis-à-vis the period of detention already undergone by the petitioner, I find it a fit case to grant the petitioner the privilege of bail. 11. Accordingly, the accused/petitioner, namely, Joynal Haque Choudhury, be released on bail in connection with Howly P.S. Case No. 144/2025, registered under Sections 180/181 BNS, 2023, on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta, subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner shall not, directly or indirectly, make any Page No.# 4/4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 12. With the above observation and direction, this bail application stands disposed of. 13. Return the case diary herewith. JUDGE Comparing Assistant