Page No.# 1/3 GAHC010144902026 2026:GAU-AS:10671 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1992/2026 MAHIBUL ISLAM S/O. FARAZ ALI R/O. VILLAGE- GORAIMARI PATHAR PALHAJI, P.O.- PALHAJI P.S.- BARPETA DISTRICT- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 03.08.2026 Heard Ms. P. Kalita, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This application, under Section 483 of the BNSS, is preferred by the accused namely, Mahibul Islam, who has been languishing in jail hazot, since 23.06.2026, in connection with the Barpeta PS Case No. 173/2026, under Section 21(b)/25 of the NDPS Act, for granting bail. 3. It is to be noted here that the aforementioned case has been registered on the Page No.# 2/3 basis of one FIR lodged by SI Liza Taye, on 21.05.2026. 3.1. The essence of allegation in the FIR, dated 21.05.2026, is that acting on a tip- off, she along with her staff recovered 12.03 grams of suspected heroin from the possession of one Liyakat Ali. 4. Ms. Kalita, learned counsel for the accused, submits that nothing has been recovered from the possession of the present accused and he was arrested only on the strength of the statement of the co-accused. Ms. Kalita further submits that the present accused was arrested on 23.06.2026 and since then he has been languishing in jail hazot for last 42 days and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, submits that after completion of the investigation, the IO has laid charge-sheet against the present accused, being charge-sheet No. 193/2026, dated 07.07.2026, under Section 21(b)/25 of the NDPS Act. 6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record. 7. It appears that the present accused was arrested on 23.06.2026 and since then he has been languishing in jail hazot for last 42 days. It also appears that the present accused was arrested only on the basis of the statement of Liyakat Ali, from whose possession the contraband substance was recovered. 7.1. Further, it appears that after completion of the investigation, the IO has laid charge-sheet against the present accused, being charge-sheet No. 193/2026, dated 07.07.2026, under Section 21(b)/25 of the NDPS Act. 8. Now, the trial will start and the accused has to prepare his defence and since charge-sheet has been submitted, the question of hampering the investigation and tempering the witnesses do not arise and under such circumstances, this Court is of Page No.# 3/3 the view that further custodial detention of the present accused may not be warranted in this case. 9. Accordingly, it is provided that on furnishing a bond of Rs. 25,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta, the present accused be enlarged on bail. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant