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2026 DAILYLAW 2872 (GAU)

MUSTAFIZUR RAHMAN ALIAS RIPON KHAN v. THE STATE OF ASSAM

Bail Appln./551/2026 · 2026-03-15

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/4 GAHC010044472026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./551/2026 MUSTAFIZUR RAHMAN ALIAS RIPON KHAN S/O ZIAUR RAHMAN R/O VILL- SANIADI P.S. HAJO DIST.KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. B CHOWDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./662/2026 REJAUL HOQUE AND ANR S/O LT RAHIM BADSHAH, R/O VILL CHAKIRBHITA, PS BARPETA, DIST BARPETA, ASSAM 2: AMIRUL HASAN S/O ABUL HUSSAIN R/O VILL SAPKATA PS MUKALMUA DIST NALBARI Page No.# 2/4 ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,MD A RAHMAN,MS SURAYA RAHMAN,MR A W AMAN Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 16.03.2026 Heard Mr. B. Choudhary, learned Counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl Public Prosecutor for the State. The learned Addl. Public Prosecutor submitted that although the Case Diary has been received but the FSL report is awaited. The learned counsel for the petitioner submitted that the recovery made from the petitioner consists of an intermediate quantity, 13 strips of Hydrochloride and Acetaminophene capsules. He further submitted that the petitioner is an addict and there are documents to show that he had also Page No.# 3/4 underwent de-addiction in the year 2022. The learned Addl. Public Prosecutor submitted that de-addiction had been in the year 2022 and the same would not be of any effect now when the petitioner is admittedly retaining intermediate quantities in his residence, which were recovered based on statements made by the co-accused. The petitioner has suffered 37 days of incarceration. In view of the period of detention, the intermediate quantity involved, and the fact that the seized articles recovered from the petitioner is Hydrochloride Acetaminophene capsule, this Court is of the opinion that the petitioner can be granted the privilege of bail. The learned Addl. Public Prosecutor submitted that the FSL report would reveal whether there was contraband in the recovery however, this Court has noticed that the seizure from the petitioner on 06.02.2026 does not reflect the recovery of contrabands. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 50,000/- with two sureties of like amount, to the satisfaction of the learned Jurisdictional Court, subject to the following conditions: 1) The petitioners will appear before the Investigating Officer Page No.# 4/4 as and when called for. 2) The petitioners will not influence the witnesses connected with the case. JUDGE Comparing Assistant