Basanta Das Alias Bala vs The State Of Assam
2026 Latest Caselaw 1020 Gua

Gauhati High Court

Basanta Das Alias Bala vs The State Of Assam on 10 February, 2026

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GAHC010265332025




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                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./3934/2025

            BASANTA DAS ALIAS BALA
            S/O SRI ANIL DAS, R/O SEUJ NAGAR, RAJABARI, GARMUR, P.S. JORHAT,
            DIST. JORHAT, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM.



Advocate for the Petitioner   : MR. U K DEKA, MS. P BORAH

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                           ORDER

Date : 10-02-2026

Heard Mr. U.K. Deka, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. Public Prosecutor for the State.

2. This is an application under Section 483 of the Bharatiya Nagarik Page No.# 2/3

Suraksha Sanhita, 2023 for granting bail to the petitioner who was arrested on 20.07.2025 in connection with Jorhat Police Station Case No. 363/2025 under Section 21(b)/25/27A of the Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 111(2)(b) of the BNS, 2023.

3. Mr. U.K. Deka, learned counsel appearing for the petitioner submits that nothing was recovered from the possession of the present petitioner and he has been arrested upon implication by the main accused whose statement is not admissible in evidence. It is further submitted that in the meantime, chargesheet has been submitted in the case wherein Section 27(a) has been omitted and therefore, the rigor of Section 37 of the ND&PS Act is not attracted. It is further appears that the main accused of the case from whose possession the contraband was recovered has been released on bail by Order dated 18.09.2025 in PRC Case No. 363/2025 by the learned Sessions Judge, Jorhat.

4. Having regards to the above and in consideration of the fact that the recovery involves intermediate quantity and the period of detention of 188 days, the prayer for bail is allowed.

5. Accordingly, the petitioner, namely, Sri Basanta Das @ Bala, shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned Elaka Magistrate in connection with the aforementioned case.

6. It is further provided that the petitioner shall regularly participate in the trial and shall not try to influence the witnesses or tamper with the evidence in any manner.

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7. The bail petition stands disposed of.

JUDGE

Comparing Assistant