Page No.# 1/3 GAHC010025612026 2026:GAU-AS:2922 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./433/2026 KADER JILANI ALIAS MITHUN AND ANR S/OLATE ABDUL JALIL VILL- AMGURI MOHORIPARA, P.S. BIJNI DIST. CHIRANG, ASSAM 2: MUBARAK HUSSAIN S/OLATE AMZAD HUSSAIN VILL- NO. 2 BHANDARA P.S. MANIKPUR DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.02.2026 1. Heard Mr. H. A. Ahmed, learned counsel for the accused applicants. Also head Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the BNSs, 2023 praying for grant of bail to the accused, namely, 1. Kader Jilani @ Mithun and 2. Mubarak Hussain in connection with Bijni P.S. Case No. 05/2026 registered under Sections 21(b)/25/29 of the NDPS Act. 3. An FIR was lodged on 06.01.2026 alleging, inter alia, that upon receipt of information that the accused applicants, who were allegedly involved in the smuggling of NDPS substances, were preparing to sell a huge quantity of heroin, a police team proceeded to the spot and apprehended them. It was further alleged that during his arrest, the accused applicant no. 1 attempted to flee; however, he was successfully detained. Upon conducting a search, the police recovered suspected heroin weighing 27.99 grams. During interrogation, accused applicant no. 1 directed that he procured the contraband materials from the accused applicant no. 2.On receipt of the FIR, the police registered Bijni P.S. Case No. 05/2026 under Sections 21(b)/25/29 of the NDPS Act. 4. The learned counsel for the accused applicants submits that the accused applicants have been in custody for the last 50 days and that the quantity recovered is of intermediate quantity. Therefore, it is contended that the accused applicants may be granted bail at this Page No.# 3/3 stage. 5. The Case Diary in the instant case has been produced before this Court and has been perused. Upon perusal, it is seen that during the course of investigation, it has been found that the accused applicants are allegedly involved in the habitual smuggling of contraband substances and the accused applicant No. 1 was caught red-handed while carrying the aforesaid contraband material who in turn clearly implicated the involvement of accused applicant no. 2. 6. This Court, having found prima facie materials indicating the involvement of the accused applicants in the instant case, is of the considered opinion that, at this stage, the accused applicants are not entitled to bail. Accordingly, the bail application stands rejected. JUDGE Comparing Assistant