Page No.# 1/4 GAHC030005782026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./74/2026 Sh. Vanlalruaia S/o Darneihkawla (L), R/o Tumpui Veng, T-Section, Kolasib, Kolasib District, 796081 VERSUS The State of Mizoram and Anr. Aizawl2:The Officer-in-Charg Advocate for the Petitioner : Mr. Lalruatpuia Sailo Advocate for the Respondent : P.P./Addl.PP, Mizoram B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 24.08.2026 Heard Mr. Lalruatpuia Sailo, learned counsel for the petitioner. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor for the State respondents. 2. This is an application under Section 483 of the BNSS, 2023 read with Section 37 of the ND&PS Act praying for release of the accused/petitioner on bail pending trial. Page No.# 2/4 3. The learned counsel for the petitioner has submitted that the accused/petitioner was arrested on 03.06.2025 in connection with the Excise Klb PS Case No.283/2025 under Section 22(c) of the ND&PS Act. Since then he has been in custody. The case has already been charge-sheeted and one witness has been examined out of 7 listed by the prosecution. The learned counsel submits that the petitioner had preferred a bail application before the learned Fast Track Court Kolasib vide Bail Appln. 60/2025 which was rejected by order dated 05.12.2025 on the ground that the seizure involved commercial quantity of contraband and the case is at the initial stage of prosecution evidence and the evidence may be tampered with and the witness may be influenced if the accused is released on bail. 4. The learned counsel for the petitioner also submits that another co-accused has already been granted bail by this Court by order dated 29.01.2026 in Bail Appl. 59/2025. He submits that the petitioner in Bail Appl. 59/2025 is similarly situated with the present petitioner and same grounds for bail has also been raised in Bail Appl. 59/2025 which was allowed by this Court by releasing the petitioner on bail by order dated 29.01.2026. Being similarly situated, the learned counsel for the petitioner submits that the instant bail application may also be allowed and the petitioner may be enlarged on bail pending trial. 5. The learned counsel for the petitioner submits that the provisions of Section 48 of the BNSS, 2023 has not been complied with by the arresting authorities inasmuch as the ground of arrest were not provided to the relatives of the petitioner. By relying on the case of Vihaan Kumar Vs State of Haryana and Anr in Crl.Appeal reported in 2025 INSC 162; the learned counsel submits that the information or intimation about the arrest is completely different from the grounds of arrest. The arrest memo incorporates the name of the arrested person, his permanent address, present address, particulars of FIR and Section applied, place of arrest, date and time of arrest, the name of the officer arresting the accused and name, address and phone Page No.# 3/4 number of the person to whom information about arrest has been given. However, mere information of arrest would not amount to furnishing ground of arrest. 6. The learned counsel for the petitioner submits it is evident from the records that no ground of arrest has been furnished to the relatives or friend of the accused/petitioner. He therefore submits that in view of the violation of the provisions of Section 48 of the BNSS, 2023 and thereby non-compliance with the mandate of Article 22(1) of the Constitution of India, the petitioner may be released on bail. 7. Learned Public Prosecutor upon perusal of the record has fairly submitted that no notice under Section 48 BNSS, 2023 is available therein. Although, learned Public Prosecutor has referred to the arrest memo wherein it is stated that the intimation regarding seizure and arrest was given to the family of the petitioner by phone call, it is settled law that the same does not amount to compliance with Section 48 BNSS, 2023, as explained in Vihaan Kumar (Supra). 8. Having regard to the above and the fact that similarly situated accused person has been granted bail, the prayer for bail is allowed. 9. Accordingly, it is directed that the petitioner shall be released on bail on the following conditions:- (i) The accused/petitioner shall execute a bail bond of Rs.50,000/- (Rupees fifty thousand) only with one surety of the like amount to the satisfaction of the learned Fast Track Court, Kolasib. (ii) The petitioner shall not tamper with the evidence nor directly or indirectly make any inducement or threat or promise to the witnesses. (iii) Petitioner/accused shall appear on each fixed date and face the trial without Page No.# 4/4 fail. (iv) The petitioner shall not leave the jurisdiction of the learned trial Court without prior permission. 10. The Bail Application stands disposed of. JUDGE Comparing Assistant