Page No.# 1/2 GAHC010032502026 2026:GAU-AS:3714 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/376/2026 RAKESH ALI S/O SULTAN ALI R/O DHUPDHARA PART-II,P.O. DHUPDHARA P.S. DHUPDHARA DIST. GOALPARA, ASSAM, PIN-783123 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ISLAM, N. UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 13.03.2026 Heard, Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. K. Page No.# 2/2 Baishya, learned Addl. P.P. appearing for the State respondent. This is an application filed under section 482 BNSS, 2023 praying for pre- arrest bail to the accused/petitioner in connection with Dhupdhara P.S Case No. 04/2026 u/s 61(2)/123 of BNS Act r/w section 21(A)/29 of NDPS Act corresponding to G.R Case No. 53/2026 pending before the learned Addl. Sessions Judge, Goalpara. The learned counsel has placed a decision of this Court rendered on 03.01.2025 in AB 3029/2025, noticing that Section 21(A) of the NDPS Act pertains to a bailable offence. The Addl. P.P. submits that the investigation is completed in the meantime, resulting in a charge sheet vide C.S. No. 11 of 2026 dated 10.03.2026. Considering the fact that the penal provision in question Section 21(A) of the NDPS Act, is a bailable offence; anticipatory bail, which lies only against non-bailable offences, would not lie here. However, the petitioner would be entitled to get bail as a matter of right, as the offence in question that is 21(A), is a bailable offence. In such view of the matter, the bail petition stands disposed of with the observation that the petitioner may appear before the learned Court below and pray for regular bail, which shall be disposed of as per law, keeping in mind the aforesaid observations. JUDGE Comparing Assistant