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2026 DAILYLAW 657 (GAU)

PINTU PAUL v. THE STATE OF ASSAM

AB/487/2026 · 2026-03-09

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010043982026 2026:GAU-AS:3591 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/487/2026 PINTU PAUL S/O LATE KHITISH PAUL, R/O GARAIMARI,P.S. KALIABOR DIST. NAGAON, ASSAM. 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 SHAMIMA JAHAN ORDER Date : 10-03-2026 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has sought for pre-arrest bail in connection with Rupahihat Police Station Case No. 27/2026 corresponding to Page No.# 2/3 G.R. Case No. 40/26 under Section 123 of the Bharatiya Nyaya Sanhita, 2023 read with Sections 20(b)/29/8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 4 of the Assam Bhang and Ganja Prohibition Act, 1958. 3. The FIR dated 23.01.2026 reveals that on an information that a person was going from a particular area and was going towards a particular area, was riding a bicycle for selling Ganja, the police personnel reached the said place and on seeing the accused person riding the bicycle, stopped him and on search being made, one black coloured polythene bag was found and on opening the bag Ganja was recovered. 4. Mr. Chowdhury submits that the petitioner has no connection with the instant case and the only ground for rejection of his bail by the Trial Court is that materials show that the petitioner had linkage with the arrested accused persons. The learned counsel further states that the petitioner had gone to the shop of the accused person to repair his bicycle and that he had nothing to do thereafter. 5. Mr. Sarma, learned State counsel submits that on perusal of the Case Diary, the Trial Court had rejected the bail on the ground that there are materials showing the complicity. 6. On consideration of submissions made by both the counsel, this Court deems it fit, moreso, on the ground that the petitioner was nowhere named in the FIR, neither any contraband was recovered from him, to enlarge the petitioner on pre-arrest bail on furnishing a bail bond of Rs.20,000/- (Rupees Page No.# 3/3 Twenty Thousand) with one local surety of like amount to the satisfaction of the arresting authority under the following conditions :- (i) He will appear before the Investigating Officer within a period of 10 (ten) days from today. (ii) He shall not hamper with the evidence and influence the witnesses connected with this case. 7. Petition is disposed of. JUDGE Comparing Assistant