Page No.# 1/3 GAHC010164772026 2026:GAU-AS:11334 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2276/2026 JARIB MIAH S/O SHAH MIAH, R/O VILL. RANGAPANI, P.S. AND DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. B HUSSAIN, MR. M ISLAM,MR. S DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 12.08.2026 Heard Mr. S. Das, 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 (BNSS), 2023, is preferred by the accused, namely, Jarib Miah, who has been languishing in jail hazot since 07.05.2026, in connection with Special NDPS Case No.41/2026, arising Page No.# 2/3 out of Barpeta P.S. Case No.149/2026 under Section 22(b) of the NDPS Act, 1985, 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. Bijit Roy of Barpeta Police Station, on 07.05.2026. The allegation against the present accused is that he was found in possession of 119 nos. of Yaba tablets, weighing 12.96 gm on 06.05.2026, at about 7:39 p.m. at Jyotigaon in front of Barpeta Medical College and Hospital, Barpeta. 4. Mr. Das, learned counsel for the accused submits that the accused was apprehended on 06.05.2026 and he was remanded to jail hazot on 07.05.2026 and since then he has been languishing in jail hazot for last 97 days and that the quantity of contraband substance, so recovered from the possession of the accused is of intermediate quantity i.e. 1296 gm, and that charge-sheet has been submitted by the I.O. after completion of investigation and as such, the question of hampering investigation or tampering witnesses does not arise and that the accused is ready to face trial and will appear before the learned Trial Court on each and every date and therefore, he has contended to allow this application. 5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor, Assam, has opposed the petition on the ground that 119 nos. of Yaba tablets, weighing 12.96 gm, was recovered from the possession of the accused. 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. 7. It appears that the accused was apprehended on 06.05.2026, while he was in possession of 119 nos. of Yaba tablets weighing 12.96 gm in front of Barpeta Medical College and Hospital, Barpeta, at about 7:39 p.m. on 06.05.2026. Admittedly, the quantity of contraband substance so recovered from the possession of the accused is of intermediate quantity and the investigation has already been completed and now the trial will start and the accused has to prepare his defence. Considering the aforementioned Page No.# 3/3 facts and circumstances, further custodial detention of the accused seems to be not warranted here in this case and accordingly, this Court is inclined to allow this application. 8. It is provided that on furnishing a bail bond of ` 20,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Barpeta, the accused, namely, Jarib Miah, shall be enlarged on bail. 9. In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE