Page No.# 1/2 GAHC010097922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1039/2026 SAHIR AHMED ALIAS SADIK AHMED S/O ABAD UDDIN R/O- VILL- ALOMKHANI P.S- NILAMBAZAR DIST SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. M A CHOUDHURY, U U KHAN,MR A AHMED,MISS. P M AHMED,MR. A AHMED Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 26.05.2026 Heard Mr. A. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre- arrest bail in respect of Special (NDPS) Case No.22/2026 (arising out of Nilambazar P.S. Case No.137/2025) pending in the court of the learned Special Judge, Sribhumi, Assam. Page No.# 2/2 3. The petitioner Sahir Ahmed @ Sadik Ahmed is shown as an absconder in the charge sheet. The petitioner apprehends that if he appears before the trial court, he will be remanded to custody. The petitioner claims that he had been unnecessarily arraigned as an accused. He submits that he wants to contest the case and therefore he should be given adequate opportunity to that effect. 4. On the basis of a judgment passed by the Hon’ble Supreme that was delivered in 2022 SCC OnLine 2087, Mr. Borthakur has objected to this bail application. 5. Mr. Ahmed has submitted that on the basis of a statement a co-accused, the petitioner has been arraigned in this case. 6. I have considered the submissions made by the learned counsels of both sides. 7. This Court is of the opinion that since the petitioner wants to contest the case before the trial court, he should he given adequate opportunity to that effect. 8. Therefore, the bail application of the petitioner is allowed. The petitioner Sahir Ahmed @ Sadik Ahmed is directed to appear before the court of learned Special Judge, Sribhumi, Assam in connection Special (NDPS) Case No.22/2026 within next 15 days from today. On his appearance, the petitioner shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Sribhumi, Assam. JUDGE Comparing Assistant