Jahirul Islam Barbhuiya v. The State of Assam

ORDER Date : 22.03.2024 Heard Mr.A.M. Barbhuiya, learned counsel appearing for the Petitioner. I have also heard Mr. D.P. Goswami, learned Additional P.P. for the State of Assam. This is an application under Section 438 of the Cr.P.C. in respect of Katlicherra P.S. Case No. 191/2023 (corresponding to G.R. Case No.1210/2023) Page No.# 2/2 under Sections 120(B)/420/379/411 of the Indian Penal Code. On the day of occurrence, police seized a vehicle carrying bettle nuts which were suspected to be of foreign origin. The petitioner is the owner of the truck. Today, a police report has been placed before the Court stating that bettle nuts which were recovered were not suitable for human consumption. It is the opinion of the Court that in the given circumstances of the case, the petitioner does not deserved to be detained in custody. Since the petitioner wants to face the trial, he should not be remanded to custody. Therefore, it is hereby directed that in the event of arrest in connection with Katlicherra P.S. Case No. 191/2023, the petitioner namely Jahirul Islam Barbhuiya shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the arresting authority. It is further directed that the petitioner shall cooperate with the Investigating Officer as and when called for. The bail application stands disposed off accordingly. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010040932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/525/2024 JAHIRUL ISLAM BARBHUIYA S/O PAKKI MIA BARBHUIYA VILL- PURBAKITTERBOND, PT.II P.O. AMALA, P.S. LALA,DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA