RASELUDDIN MAZAR BHUYAN ALIAS RASEL UDDIN MAZARBHUIYA ALIAS MOTU AND ANR v. THE STATE OF ASSAM
Bail Appln./439/2026 · 2026-02-25
Anjan Moni Kalita
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4979 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4979 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010026392026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./439/2026 RASELUDDIN MAZAR BHUYAN ALIAS RASEL UDDIN MAZARBHUIYA ALIAS MOTU AND ANR S/O LATE AZIZUR RAHMAN MAZAR BHUYAN, R/O VILL. NAZATPUR, P.S.
KATIGARA, DIST. SRIBHUMI, ASSAM, PIN 788710 2: NAMAR HUSSAIN @ BILAL @ BILAK SON OF LATE MOINUL HOQUE @ MOMINUL HOQUE RESIDENT OF NAZATPUR PART-II HOUSE NO. 236 NEAR PASCHIM NAZAT PUR JAME MASJID P.S. KATIGORAH DIST. SRIBHUMI ASSAM PIN-78871 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MS. J GHOSH,MS. U NANDA,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 26.02.2026 Heard Mr. S.C. Biswas, learned counsel for the accused/applicants. Also
Page No.# 2/3 heard Mr. K.K. Parasar, learned APP for the State. 2. This is an application under Section 483 of the BNSS, 2023, for granting bail to the accused/applicants in connection with Harangajao P.S. Case No. 03/2026 under Sections 31(b)/29(1) of the NDPS Act, 1985. 3. The gist of the case in the present matter is that on 30.01.2026, one SI Jitumani Baishya of Harangajao Police Station lodged an FIR stating that on the same day, a secret information was received to the effect that two persons, namely Raseluddin @ Motu and Namar Hussain @ Bilal, were proceeding from Sribhumi towards Guwahati via Haflong in two vehicles bearing registration Nos. AS-01-DZ-9081 (Ertiga) and AS-01-FU-2886 (Dzire), for the purpose of transporting illegal drugs concealed inside the said vehicles. 4. Upon receipt of the said information, the police team proceeded to Dittokcherra Outpost (OP) situated along National Highway-27 and commenced naka checking of vehicles. At about 3:00 PM, the two suspected vehicles, as indicated in the secret information, were intercepted. Upon conducting a search of the said vehicles, the police allegedly recovered suspected contraband substance, namely brown sugar (heroin), concealed inside both vehicles. Certain other incriminating materials were also recovered along with the suspected contraband. On the basis of the aforesaid FIR, Harangajao P.S. Case No. 03/2026 was registered under the aforementioned Sections. 5. Mr. S.C. Biswas, learned counsel for the accused/applicants, submits that the accused/applicants are young individuals and have already spent 28 days in custody. He further contends that the quantity of the contraband recovered is not of commercial magnitude.
In view of these circumstances, it is prayed
Page No.# 3/3 that the accused/applicants be released on bail at this stage. 6. Mr. K.K. Parasar, learned APP for the State, on the other hand, submits that the investigation in the instant case is still ongoing and that all formalities pertaining to the arrest have been duly complied with by the arresting authority. In view of these circumstances, he contends that bail should not be granted to the accused/applicants at this stage. 7. After considering the submissions and on perusal of the case diary, this Court is not convinced to grant bail to the accused/applicants at this stage. Accordingly, the bail application is rejected. JUDGE Comparing Assistant