Phul Bihari Das And Anr vs The State Of Assam
2026 Latest Caselaw 4851 Gua

Gauhati High Court

Phul Bihari Das And Anr vs The State Of Assam on 22 May, 2026

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GAHC010084902026




                                                                   2026:GAU-AS:7109

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

                                   Case No. : AB/890/2026

            PHUL BIHARI DAS AND ANR
            S/O NITAI CHANDRA DAS

            2: KALPANA DAS
             W/O PHUL BIHARI DAS
            BOTH ARE R/O LOTIBARI PART-3
             P.O. LATIBARI
            P.S. ABHAYAPURI
            DIST. BONGAIGAON
            ASSAM
            PIN- 783384

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM.



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

                                           ORDER

Date : 22-05-2026

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.

2. 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.

3. 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.

4. 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.

5. I have also scrutinized the Case Diary.

6. It appears that pre-arrest bail may be granted to the petitioners.

7. In view of my foregoing discussions, petition is allowed.

8. 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.

9. On breach of any of the bail conditions, pre-arrest bail granted to the petitioners stands automatically cancelled.

10. In terms of the above observation, this Anticipatory Bail Application stands disposed of.

11. Send back the Case Diary.

JUDGE

Comparing Assistant