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2026 DAILYLAW 12244 (GAU)

GANESH PRASAD ALIAS GANESH SAHA v. THE STATE OF ASSAM

AB/670/2026 · 2026-08-05

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010063572026 2026:GAU-AS:10930 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/670/2026 GANESH PRASAD ALIAS GANESH SAHA SON OF BISHNU DAYAL PRASAD R/O SAPATGRAM TOWN, WARD NO. 2, P.S. SAPATGAM DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MISS. P M AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 06.08.2026 Heard Mr. A. Ahmed, learned counsel for the applicant. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. Apprehending arrest in connection with Sapatgram P.S. Case No. 17/2026, under Sections 132/296/351(2)/317(2)/317(4)/318(2)/3(5) of the BNS, read with Section 53(1)(a) of the Assam Excise Amendment Act, this application under Section 482, BNSS has been preferred by applicant, namely, Ganesh Prasad @ Ganesh Saha, for grant of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Deepak Gogoi of Sapatgram P.S. on 21.02.2026. The essence of allegation against the present applicant is that he stored illegal Indian-Made Foreign Liquor in association with other co-accused and used to sell the same in Sapatgram Town, and the said illegal Indian-Made Foreign Liquor were recovered from the possession of the co-accused. 4. Mr. Ahmed, learned counsel for the applicant submits that the applicant had been granted the privilege of interim pre-arrest bail, vide order dated 27.03.2026, and pursuant to the said order, he had also appeared before the I.O. and his statement had been recorded, and since he has been cooperating with the investigating agency, a contention is being made that the interim order dated 27.03.2026, may be made absolute in the same terms and conditions. 5. On the other hand, Ms. Bora, the learned Additional Public Prosecutor submits that in the meantime, the I.O. has completed investigation and submitted charge-sheet, being Charge-sheet No. 16/2026. 6. Since charge-sheet has been submitted, this Court is inclined to dispose of this application by directing the applicant to appear before the learned trial Court on or before 24.08.2026, and to apply for regular bail and in the event of such an application being filed, the learned Court below shall consider the same, in accordance with law. Page No.# 3/3 7. Till then, interim order dated 27.03.2026, shall stand extended. JUDGE Comparing Assistant