Page No.# 1/3 GAHC010009452026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./188/2026 KAMRUL ISLAM SON OF KALA RAJA RESIDENT OF VILLAGE LAMA RATABARI PO AND PS RATABARI DISTRICT SRIBHUMI ASSAM, PIN-788735 VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MS S MOCHAHARI,MR S DUTTA,MS K BORAH,MR. S DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 24.02.2026 Heard Mr. S. Dutta, learned counsel appearing for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. 2. By this application filed under Section 483 of the BNSS, 2023, the petitioner, namely, Kamrul Islam, has prayed for released on bail in connection with Ratabari P.S. Case No. 240/2023 and corresponding Special (NDPS) Case No. 135/2023, pending before the Court of the learned Sessions Judge, Sribhumi. 3. The petitioner has been shown arrested in connection with Special (NDPS) Case No. 135/2023. By an order dated 20.03.2025 also, passed by the learned Additional Sessions Judge, Sribhumi, the petitioner had been shown arrested in connection with this present case. 4. The learned counsel for the petitioner has submitted that in connection with Special (N) Case No. Page No.# 2/3 130/2024 where he had been earlier actually arrested, the learned Court of the learned Sessions Judge, Sribhumi had already granted him on bail on the ground that the provision of Section 47 of the BNSS, 2023 had not been complied with. 5. In the present case, the learned counsel for the petitioner has submitted that while showing him arrest in connection with Special (NDPS) Case No. 135/2023, the petitioner was not given the information regarding ground of his arrest while he has been shown arrested. He has referred to the order dated 27.03.2025 passed by this Court in Bail Application No. 3519/2024 to contend that not informing the grounds of arrest of a person even while showing him arrest in connection with other cases to be a ground to hold the shown arrest to be illegal and the detention thereafter has to be necessarily interfered with by this Court. 6. Mr. Goswami has submitted that in a case of shown arrest, the grounds of arrest will not be required to be submitted separately. 7. The provisions of Section 47 of the BNSS, 2023 reads as follows: “1. Person arrested to be informed of grounds of arrest and of right to bail – (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.” 8. The provisions of Section 48 of the BNSS, 2023 also reads as follows: (1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information. (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.” 9. Article 22 of the Constitution of India deals with protection against arrest and detention in certain cases which reads as follows – Page No.# 3/3 “(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate….” 10. From the records of the Special (NDPS) Case No. 135/2023, it does not reveal that the petitioner was any point of time revealed the grounds of he being shown arrested in the particular case. 11. Under such circumstances going by the settled principle of law that a arrested person must be informed of the ground of his arrest and detention, this Court is inclined to grant bail to the petitioner. 12. Accordingly, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.2,00,000/- (Rupees Two Lakh only) with two suitable sureties of the like amount out of which one of the surety must be a government employee, to the satisfaction of learned Sessions Judge, Sribhumi. 13. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Additional Sessions Judge, Sribhumi without prior written permission from him/her; (b) shall regularly attend the trial court and cooperate with the court for early disposal of the trial; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. 14. 14. It is pertinent to mention here that the findings of the court that the arrest of the petitioner stands vitiated will not affect the merits of the pending case. 15. The bail application is disposed of accordingly. JUDGE Comparing Assistant