Page No.# 1/3 GAHC010157442026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2105/2026 JAHURUDDIN MIAH ALIAS JAHUR UDDIN SON OF ALI MIA ALIAS ALI HUSSAIN, RESIDENT OF VILLAGE - MAJDIA, P.S. - SARTHEBARI, DISTRICT BARPETA, ASSAM VERSUS STATE OF ASSAM REPRESENTED THROUGH THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A K AHMED, MR. R THADANI,MD A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 30.07.2026 Heard Mr. R. Thadani, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita Page No.# 2/3 (BNSS), 2023, is preferred by the accused, namely, Jahuruddin Miah @ Jahur Uddin, who has been languishing in jail hazot since 14.03.2026, in connection with Barpeta P.S. Case No.77/2026 under Section 20(b)(ii)(B) of the NDPS Act, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Pranab Baruah, Barpeta Police Station, on 13.03.2026. The essence of allegation against the accused is that he was found in possession of 11.14 kg of Ganja, which was recovered from a bag carried by him on 13.03.2026, at about 12:50 p.m., while he was proceeding from Tarabari side towards Nagaon, Barpeta. 4. The learned counsel for the accused submits that the accused is behind the bar for 139 days and in the meantime, investigation of the case has been completed and charge- sheet has been submitted under Section 20(b) and thereafter, charge has been framed against the accused and that the accused is ready to face trial and will appear before the learned Trial Court on each and every date and therefore, it is contended to allow this application. 5. Per contra, Mr. Borthakur, learned Additional Public Prosecutor, Assam, has vehemently opposed the petition. He submits that altogether 11.14 kg of Ganja was recovered from the possession of the accused, and if enlarged on bail then he may repeat such activities again. 6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and it appears that the accused was arrested on 14.03.2026 and since then he has been languishing in jail hazot for 139 days. Further, it appears that after completion of investigation, charge- sheet has been submitted under Section 20(b)(ii)(B) of the NDPS Act. 7. Since charge-sheet has been submitted in this matter, there is no question of hampering investigation or tampering the witnesses. Now, trial will start and the accused has to prepare his defence. Further, the accused has been languishing in jail hazot for a considerable period and under the given facts and circumstances on the record, his Page No.# 3/3 further custodial detention seems to be not warranted in the interest of investigation and accordingly, this Court is inclined to allow this petition. 8. It is provided that on furnishing a bail bond of ` 25,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Barpeta, the accused, namely, Jahuruddin Miah @ Jahur Uddin, shall be enlarged on bail. The learned Special Judge, Barpeta, will be at liberty to impose any other condition on the accused to ensure his presence during the trial. 9. In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE