THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM
Case at a glance
Outcome
Allowed
In view of my foregoing discussions, petition is allowed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(b)(ii)(B), 25, 29
- Bharatiya Nyaya Sanhita, 2023 s. 112
Key paragraphs
- Para 1010. In terms of the above observation, this Anticipatory Bail Application stands disposed of.
Judgment
Advocate for the Petitioner : MR. A M KHAN, MR T T MONI,R. ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 22-05-2026 ORDER Heard learned counsel Mr. A.M. Khan for the petitioners, 1. Phul Bihari Das and 2. Kalpana Das, who have filed this application under Section 482 of the Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Abhayapuri Police Station Case No. 53/2026 under Sections 20(b)(ii)(B), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, R/W Section 112 of the Bharatiya Nyaya Sanhita, 2023.
It is submitted on behalf of the petitioners that the petitioners are innocent. The petitioners are also willing to abide by any stringent bail conditions, if imposed upon them.
On the other hand, learned Additional Public Prosecutor Mr. K. Baishya has raised objection, stating that the petitioners were found in possession of intermediate quantity of Ganja in their house.
I have considered the submissions of the learned counsel for the petitioners that the petitioners are booked for possession of intermediate quantity of Ganja. I have also considered the submissions that the petitioners are willing to cooperate with the investigation and to abide by any stringent bail conditions, if imposed upon them. I have also considered the age of the petitioners.
I have also scrutinized the Case Diary.
It appears that pre-arrest bail may be granted to the petitioners.
Operative part
In view of my foregoing discussions, petition is allowed.
In the event of their arrests, the petitioners shall be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under Page No.# 3/3 the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners shall refrain from such activities with which they are alleged and, (iii) the petitioners shall not leave the jurisdiction of the Court without prior permission.
On breach of any of the bail conditions, pre-arrest bail granted to the petitioners stands automatically cancelled.
In terms of the above observation, this Anticipatory Bail Application stands disposed of.
Send back the Case Diary. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of my foregoing discussions, petition is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 20(b)(ii)(B), 25, 29; Bharatiya Nyaya Sanhita, 2023 — s. 112.
Which court decided this case, and when?
Gauhati High Court, on 22 May 2026. The bench was SUSMITA PHUKAN KHAUND.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.