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2026 DAILYLAW 13747 (GAU)

BHASKAR DAS v. THE STATE OF ASSAM

Bail Appln./2582/2026 · 2026-09-06

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010183682026 2026:GAU-AS:12912 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2582/2026 BHASKAR DAS S/O LATE JIBAKANTA DAS, R/O NAMDONGIA BONGALI GAON, P.O. AND P.S.- GAURISAGAR, DISTRICT- SIVASAGAR, ASSAM, PIN- 785664. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P D NAIR, DR. S R A NASER,MR G ALAM Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 07.09.2026 Heard Mr. H. Rohman, learned counsel appearing for the accused applicant and Mr. K. K. Das, learned Addl. PP for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the accused applicant in connection with Gaurisagar Page No.# 2/3 P.S. Case No.11/2026 under Section 20 (b) (ii) (B) of the NDPS Act, 1985 read with Section 4 of the Assam Ganja and Bhang Prohibition Act, 1958. 3. The matter relates to recovery of 2.46 gms of Ganja from the house of the accused applicant. 4. On an earlier occasion, the bail application i.e. BA No.1634/2026 filed by the accused applicant was rejected by this Court vide order dated 16.07.2026 on perusal of the TCR. 5. The learned counsel for the accused applicant submits that the accused applicant is behind the bar for the last 171 days. The quantity of Ganja that has been recovered from the house of the accused applicant is of intermediate quantity. He further submits that due to unprecedented flood in the Sivasagar District, his poultry farm has been devastated and due to his detention behind the bar, his family is facing immense hardship. He submits that on last few dates before the Trial Court, nothing effective has happened. 6. In view of the above, the learned counsel appearing for the accused applicant prays for granting of bail. 7. Mr. K. K. Das, learned Addl. PP, on the other hand, opposes the bail prayer of the accused applicant. 8. Taking into account the entire facts of the case and the period of detention of 171 days, this Court is of the considered view that the accused applicant should be granted bail. Accordingly, it is directed that the accused applicant, namely, Bhaskar Das shall be released from Page No.# 3/3 the jail on furnishing a bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the learned Special Judge (NDPS), Sivasagar subject to the conditions:- (i) that the accused applicant shall appear before the Trial Court as and when required; (ii) that the accused applicant shall not hamper or tamper with the trial, in whatsoever manner. In terms of the above, this Bail application stands disposed of. JUDGE Comparing Assistant