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2026 DAILYLAW 8757 (GAU)

LALRING THANG HMAR v. THE STATE OF ASSAM

Bail Appln./1198/2026 · 2026-06-21

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010083182026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1198/2026 LALRING THANG HMAR SON OF- LALTOUK LEIN HMAR, RESIDENT OF- VILL.- HMARKHAWLIEN, P.O.- FULERTAL, P.S.- LAKHIPUR, DISTRICT- CACHAR, ASSAM. PIN- 788106. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. A ISLAM, MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 22.06.2026 Heard Mr. L.R. Mazumdar, learned Counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for regular bail in connection Page No.# 2/3 with Lakhipur P.S. Case No. 140/2025 corresponding to G.R. Case No. 188/2025 under Section 21(b)/29 of NDPS Act, 1985. 3. The case of the petitioner is that an FIR was lodged on 30.10.2025 by the police personnel of Lakhipur P.S. wherein it was alleged that on a reliable information about some persons loitering at Ujantarapur area and who were suspected of dealing in NDPS items Naka checking was conducted at the said area and three persons were found loitering at around 09:00 pm and all the said three persons were detained and a bag was recovered from one of the said three persons. The police personnel after providing the notice under Section 50 of the NDPS Act and on permission being accorded by the suspected persons, the body of the said persons were searched and in the bag, which was found with the petitioner was checked. On opening the said bag, 15 numbers of plastic soap cases were found and on opening the said soap cases, cream brown powdery substances were found which was suspected to be heroine. Thereafter, the said contrabands were seized along with mobile phones as well as the bag which belongs to the suspected persons. The said contrabands were measured without the soap cases were found to be approximately 201 gms. 4. The learned Counsel for the petitioner submits that the petitioner was arrested and was put behind the bars and that the petitioner has been inside for a period of 236 days as of today. He further submits that the quantity involved in the instant case were of intermediate in nature. Further, he submits that although the bag was found with him but there were other accused persons along with him. He also submits that bail has been granted in case of other accused persons and as such has prayed that the present petitioner may also be released on bail during pendency of the trial. 5. On the other hand, Mr. K. Baishya, learned Additional Public Prosecutor for Page No.# 3/3 the State submits that the contrabands were recovered from the bag carried by the petitioner and that an investigation was conducted and a charge sheet was submitted and the trial is yet to begin. 6. On consideration of the submissions made by the learned Counsels, more so, due to the fact that three persons were found together loitering at the place from where the petitioner along with the contrabands were recovered and also that the petitioner has been inside for 236 days and also due to the fact that the investigation is over and the charge sheet is submitted and the trial is about to start, this Court finds it fit to release the petitioner on bail on furnishing of a bail of Rs. 30,000/- with one local surety of the like amount to the satisfaction of Special Judge, Cachar in connection with NDPS Case No. 01/2026 under the following conditions: i) The petitioner will appear before the Trial Court as and when call for without fail and if the petitioner does not appear on one single date, the instant bail order will get revoked automatically. ii) The petitioner shall not hamper or tamper the evidence or influence the witnesses connected with the case. 7. B.A. is disposed of. JUDGE Comparing Assistant