Page No.# 1/3 GAHC010107862026 2026:GAU-AS:7982 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1425/2026 MD FIROJH KHAN ALIAS FIROJH KHAN S/O MD. AFAZUDDIN AHMED, R/O DOSTI NAGAR, P.O. P.S. GOALPARA, DISTRICT- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MR. S H RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 08-06-2026 Heard Mr. S H Rahman, the learned counsel for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since Page No.# 2/3 23.04.2026 in connection with Goalpara P.S. Case No. 59/2026 u/s 61(2)/123 of BNS, read with Sections 22(b)/25 of the NDPS Act. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Rahman, the learned counsel for the petitioner that the accused/petitioner is in custody since last 47 days. The I/O got sufficient opportunity to interrogate the petitioner keeping him in custody. He submitted that the accused/petitioner is drug addicted and some amount of Nitrazepam tablets were recovered from his possession but, it was completely for his own use. However, the petitioner is ready and willing to extend his cooperation in further investigation of this case, if he is granted with the privilege of bail. More so, the rigour of Section 37 will also not attracted in the present case as it is an intermediate quantity. 5. Mr. Borthakur, the learned Additional Public Prosecutor raised objection and submitted that on his own admission it is seen that Nitrazepam tablets were recovered from his conscious possession amounting 336 grams which is more than small quantity. He further submitted that from his own admission it is also seen that he was earlier arrested in connection with similar kinds of offence. Thus, it is not a case that he is simply a drug addict but he is also a drug peddler and involved in the same case. Mr. Borthakur accordingly raised objection and submitted that his bail prayer may not be considered at this stage. 6. Mr. Rahman submitted in this regard that the case in which he was earlier arrested, already got the order of discharge and he is only a drug addict and not a peddler. 7. Hearing the submissions made by learned counsels for both sides, I have Page No.# 3/3 also perused the Case Diary and it is seen that admittedly the contraband was recovered from the conscious possession of the accused/petitioner and it is also seen that though he claimed himself to be a drug addict but, he was stated to be a drug peddler and involved in other case. However, considering the period of detention undergone by the accused/petitioner, this Court is of the opinion that I/O got sufficient opportunity to interrogate him keeping him in custody and hence further custodial interrogation may not be necessary for the purpose of investigation. In view of this, the present petition is allowed. 8. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Goalpara. The accused/petitioner, namely, Md. Firojh Khan @ Firojh Khan, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Goalpara without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant