Anil Patnayak v. The State of Assam

ORDER Date : 12-08-2024 Heard Mr. A.B.T. Haque, learned counsel for the petitioner Sri Anil Patnayak, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) with prayer for bail as he is behind bars since 22.06.2024 in connection Soteea Police Station Case No. 57/2024 under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Page No.# 2/3 Substances Act, 1985 (NDPS for short) read with Section 4 of the Assam Ganja and Bhang Prohibition Act, 1958.

¶2Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that he was caught red handed carrying 7 kgs of ganja. It is submitted on behalf of the petitioner that the petitioner was found in possession of intermediate quantity of ganja.

¶4Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary.

¶5I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. Investigation has progressed to a considerable extent. It appears that further custodial detention may not be required for the progress of investigation.

¶6Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned jurisdictional Court under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall cooperate with the remaining part of investigation and shall not jump the bail.

(iii) The petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission.

¶7On breach of any of the bail conditions, bail order shall stand Page No.# 3/3 automatically cancelled.

¶8In terms of the above observations, this Bail Application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010155212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2285/2024 ANIL PATNAYAK S/O LATE DAMUDHAR PATNAYAK, R/O VILL- NO. 1 ITAKHOLA, AHUBARI, P.S.-SOOTEA, DIST- BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A B T HAQUE, MS. R. R. SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND