Page No.# 1/3 GAHC010266502025 2026:GAU-AS:928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3936/2025 NUNU BABU MAHATO ALIAS ABHISHEK ALIAS NUNU BABU SON OF DHARMENDRA MAHATO RESIDENT OF VILLAGE SAPARDAHTERASI PO SAPARDAH PS PURAINI DISTRICT MADHEPURA BIHAR-852219 VERSUS THE UNION OF IDNIA REPRESENTED BY THE STANDING COUNSEL NARCOTIC CONTROL BUREAU NCB Advocate for the Petitioner : MR. M BISWAS, S K DAS,J SINGPHO Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 28.01.2026 1. Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Ms. R. Hussain, learned Standing Counsel, NCB. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of NDPS Case No.73/2022 corresponding to NCB Crime No.28/2021 under Section 20(b)(ii)(C) & 29 of the NDPS Act, 1985, pending in the Court of the learned Additional Sessions Judge No.5, Kamrup (Metro) at Guwahati. Page No.# 2/3 3. Learned counsel for the petitioner has submitted that the petitioner has already completed 4 (four) years of incarceration and out of 8 (eight) witnesses, only 2 (two) witnesses have been examined till now. 4. Learned counsel for the petitioner has relied upon the Judgment of the Hon’ble Supreme Court that was delivered in “Rabi Prakash vs. State of Odisha reported in 2023 SCC OnLine SC 1109”. In the said Judgment the Hon’ble Supreme Court has held that prolonged incarceration generally militates against the most precious fundamental right under Article 21 of the Constitution of India and that, in such a situation, conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act. 5. Learned counsel for the petitioner further submits that the co-accused of this case have already released on bail. 6. I have also considered the submissions made by learned counsel for the both sides. 7. Considering the long incarceration and also considering the slow phase of trial, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 8. Therefore, this bail application of the petitioner is allowed. 9. Therefore, the petitioner Nunu Babu Mahato @ Abhishek @ Nunu Babu shall be released on bail of Rs.50,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge No.5, Kamrup (Metro) at Guwahati. 10. It is further directed that the petitioner shall appear regularly before the Trial Page No.# 3/3 Court on each and every date of hearing, if he fails to do so, the Trial Court shall have the liberty to procure his attendance by due process of law. 11. With the aforesaid direction, the Bail Application stands disposed of. JUDGE Comparing Assistant