Page No.# 1/3 GAHC010066062026 2026:GAU-AS:6623 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./919/2026 HABIJUL ALI AND ANR SON OF SHAMEZ ALI R/O VILL- MAJARCHAR, P.S.TARABARI, DIST. BARPETA, ASSAM 2: JAHANGIR MIYA SON OF SAMSHUL MIYA R/O BARAGDIA P.S. BARPETA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.05.2026 1. Heard learned counsel Mr. B. Chowdhury for the petitioners, Habijul Ali and Page No.# 2/3 Jahangir Miya who have filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as he is behind bars since 24.03.2026 in connection with Tarabari PS Case No. 14/2026 under Sections 21(b)/29 of BNS, 2023. 2. CD was called for. 3. Learned Additional Public Prosecutor, Mr. R. J. Baruah has raised objection on the prayer for bail without perusal of the case record or the CD. He submitted that charge-sheet has been laid against the petitioners under Section 21(B) of the NDPS Act. It is also submitted that both the petitioners are drug peddlers and despite the fact that intermediate quantity of heroin was recovered from their position, they are not entitled to bail. It is also submitted that their prayer may be considered on the basis of materials collected during investigation and as the case diary is not before this Court, bail may not be granted without perusal of the case diary. 4. I have considered the submissions at the Bar with circumspection. 5. It is submitted that the petitioners have been behind the bars for 51 days. It is also submitted that the petitioners are willing to co-operate with the trial and to abide by any stringent bail conditions if imposed upon them. 6. Considering all aspects, the petitioners named above shall be released on bail on furnishing bail bond of Rs.50,000/- each with a suitable surety of like amount each to the satisfaction of the learned CJM, Barpeta subject to the following conditions: (i) The petitioners shall refrain from such activities with which they are alleged. (ii) The petitioners shall not leave the jurisdiction of the court without prior permission, and Page No.# 3/3 (iii) The petitioners shall not tamper with the evidence 7. On breach of any of the above conditions, the jurisdictional Court/ Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioners. 8. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant