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2026 DAILYLAW 13042 (GAU)

PARTHA BARMAN v. THE STATE OF ASSAM

Bail Appln./2436/2026 · 2026-08-24

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010180112026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2436/2026 PARTHA BARMAN S/O. PRADIP CHANDRA BARMAN, R/O. VILLAGE BARMANPARA, P.S. BARPETA ROAD, DISTRICT BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25.08.2026 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. By this subsequent application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Partha Barman, has prayed for bail in connection with Sessions Case Page No.# 2/3 No. 45/2026 (arising out of Barpeta Road P.S. Case No. 19/2026) u/s 108 of BNS, 2023, pending before the learned Sessions Judge, Barpeta. 3. The petitioner was arrested on 24.04.2026. 4. The earlier bail petition was rejected on 25.06.2026 in BA/1508/2026 and at the time of the previous rejection, the case was poised for commencement of prosecution evidence after framing of charges. In the meantime, approximately 2 (two) months have elapsed. In this context, the learned counsel for the petitioner has drawn attention to order dated 12.08.2026 passed by the learned trial court, from which it is revealed that PW4 has also been examined. However, the learned counsel submits that as per his information, 5(five) witnesses have been examined so far and though dates have been fixed for the informant, but he has not turned up so far. The learned counsel for the petitioner further submits that there are 14 witnesses in the list of the charge sheet. 5. The learned Additional Public Prosecutor opposes the bail at this stage as the other witnesses have not yet been examined, including the informant. 6. Considering the length of detention and the progress of trial, I am of the considered view that the petitioner should be allowed to go on bail at this stage. 7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Sessions Case No. 45/2026 (arising out of Barpeta Road P.S. Case No. 19/2026) u/s 108 of BNS, 2023, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of learned Sessions Judge, Barpeta, 8. The direction for bail is further subject to the conditions: (a) That the accused shall available for the remaining trial; (b) That the accused shall not hamper or tamper with evidence; and Page No.# 3/3 (c) That the accused shall not cause any harm to the witnesses. 9. Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant