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2026 DAILYLAW 6647 (GAU)

IMDADUL HOQUE v. THE STATE OF ASSAM

Bail Appln./1059/2026 · 2026-05-12

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010075652026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1059/2026 IMDADUL HOQUE S/O ABUL HUSSAIN, PERMANENT R/O VILL SUTIRPAR SITALMARI BIL, PS JURIA, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,MD A RAHMAN,SAMIM RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.05.2025 Heard Mr. S Nawaz, the learned counsel appearing for the petitioner as well as Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the Page No.# 2/2 petitioner Imadadul Hoque has prayed for releasing him on bail, after he was arrested in connection with Jakhalabandha P.S. Case No.27/2026. 3. In this case, 235.63 grams of suspected heroin were recovered from the possession of another person. The inventory speaks like that, though in the FIR 255.56 gms of heroin were recovered. This petitioner was arrested on the basis of the statements of the person from whom the narcotic drugs were seized. 4. If the inventory is taken for granted, it shows that intermediate quantity of narcotic drugs were seized. 5. It is admitted fact that nothing was recovered from the possession of the present petitioner, though he was arrested on the basis of the statements of the person from whom the narcotic drugs were seized. 6. I have considered the submissions made by the learned counsels of both sides. 7. This Court is of the opinion that the petitioner no longer deserves to be detained in custody. 8. Accordingly, the bail application of the petitioner is allowed. 9. It is hereby directed that the petitioner, Imadadul Hoque, who was arrested in connection with Jakhalabandha P.S. Case No.27/2026, shall be released on bail of ₹50,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Nagaon, Assam. The bail application stands disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant