Page No.# 1/3 GAHC010084902026 2026:GAU-AS:7109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/890/2026 PHUL BIHARI DAS AND ANR S/O NITAI CHANDRA DAS 2: KALPANA DAS W/O PHUL BIHARI DAS BOTH ARE R/O LOTIBARI PART-3 P.O. LATIBARI P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN- 783384 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A M KHAN, MR T T MONI,R. ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22-05-2026 Heard learned counsel Mr. A.M. Khan for the petitioners, 1. Phul Bihari Das and 2. Kalpana Das, who have filed this application under Section 482 of the Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Abhayapuri Police Station Case No. 53/2026 under Sections 20(b)(ii)(B), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, R/W Section 112 of the Bharatiya Nyaya Sanhita, 2023. 2. It is submitted on behalf of the petitioners that the petitioners are innocent. The petitioners are also willing to abide by any stringent bail conditions, if imposed upon them. 3. On the other hand, learned Additional Public Prosecutor Mr. K. Baishya has raised objection, stating that the petitioners were found in possession of intermediate quantity of Ganja in their house. 4. I have considered the submissions of the learned counsel for the petitioners that the petitioners are booked for possession of intermediate quantity of Ganja. I have also considered the submissions that the petitioners are willing to cooperate with the investigation and to abide by any stringent bail conditions, if imposed upon them. I have also considered the age of the petitioners. 5. I have also scrutinized the Case Diary. 6. It appears that pre-arrest bail may be granted to the petitioners. 7. In view of my foregoing discussions, petition is allowed. 8. In the event of their arrests, the petitioners shall be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under Page No.# 3/3 the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners shall refrain from such activities with which they are alleged and, (iii) the petitioners shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, pre-arrest bail granted to the petitioners stands automatically cancelled. 10. In terms of the above observation, this Anticipatory Bail Application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant