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2026 DAILYLAW 4112 (GAU)

MD MUSTAFIZUR RAHMAN LASKAR v. THE STATE OF ASSAM

Bail Appln./550/2026 · 2026-03-10

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010037412026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./550/2026 MD MUSTAFIZUR RAHMAN LASKAR S/O MD. MOINUL HOQUE LASKAR, R/O VILLAGE - MUBARAK BASTI, NEELBAGAN, P.S MURAJHAR, DISTRICT HOJAL, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J ALI, MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.03.2026 Heard Ms. F. Hussain, learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. By this application, the petitioner has prayed for bail in connection with Gorchuk P.S. Case No. 36/2026 registered under Section 303(2)/61(2)/317(2)/318(4) of BNS, 2023. The case started with lodging of the Page No.# 2/3 ejahar on 16.02.2025 wherein it was revealed that on a source information, a vehicle was intercepted and from there 58 plastic gunny sacs containing vermis betel nuts were found concealed and on the interrogation of the driver i.e. the petitioner, the police personnel could not get any valid documents in support of the transportation of the said betel nuts. The driver also could not produce any tax invoice or relevant papers. The driver is the petitioner here. Ms. F. Hussain, learned Counsel for the petitioner submits that the owner of the vehicle as well as the owner of the betel nuts were enlarged on interim pre-arrest bail and that the vehicle is given in zimma to the owner of the same. Mr R.J. Baruah, learned Additional Public Prosecutor for the State, however, submits that the driver who had transported the articles in the vehicle could not produce any documents showing lawful transportation of the same and that the investigation relating to tax invoice and other GST papers are still on which were supposed to be placed by the alleged owner of the betel nuts. He also submits that the FSL Report of the supari has also not been received. On consideration of the submissions made by the parties and more so on the fact that the petitioner is just a driver of the vehicle and the owners of the betel nuts was a different person, this Court finds it fit that the petitioner be released on bail on furnishing bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of CJM, Kamrup(M) under the following conditions: i) The petitioner will appear before the Trial Court as and when call for. ii) The petitioner will not influence the witnesses connected Page No.# 3/3 with the case. Petition is disposed of. JUDGE Comparing Assistant