Disposed

Lal Badsha Baniya Alias Lal Badsa Baniya v. the State of Assam

Gauhati HC14 Sept 2026AB/2341/2025

Case brief

AI extract

What is this about?

Applicant sought to make an interim pre-arrest bail order absolute. The court directed the applicant to approach the Trial Court for regular bail by a specified date, extended the interim order till then, and disposed of the application in camera.

What did the court decide?

Interim pre-arrest bail order dated 28.11.2025 extended; applicant directed to apply for regular bail before Trial Court on or before 01.10.2026.

Lal Badsha Baniya Alias Lal Badsa Baniya Vs the State of… — Narcotics (NDPS) | Gauhati HC (2026)

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GAHC010215352025

2026:GAU-AS:13628

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

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Case No. : AB/2341/2025

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LAL BADSHA BANIYA ALIAS LAL BADSA BANIYA S/O LATE SABED ALI BANIYA

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R/O VILL- GAJIPARA (GORAIMARI), P.O. GORAIMARI, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM PIN-783390

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM.

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Advocate for the Petitioner : MR. N J DUTTA, MR. B HUSSAIN,MR. A A MONDAL

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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15.09.2026

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Heard Mr. B. Hussain, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

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2. This application, under Section 482 of the Bharatiya Nagarik Suraksha

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Sanhita (BNSS), 2023, is preferred by applicant, namely, Lal Badsha Baniya @ Lal Badsa Baniya , who has been apprehending his arrest in connection with Manikpur P.S. Case No. 76/2025, under Sections 20(b)/21(b)/29 of the NDPS Act, corresponding to G.R. No. 316/2025, for grant of pre-arrest bail.

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3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Priyanka Sarma, S.I. of Police, Manikpur P.S., on 02.07.2025. The essence of allegation in the FIR dated 02.07.2025, is that acting on a tip off, a search was conducted in the common premises of the brothers of Lal Badsha Baniya, i.e., the present applicant, and Lal Miya Baniya, and upon search, 12.30 kg of opium/poppy seeds (crushed) were recovered and seized. And from the house of the present applicant, one Rysuf Ali was found with 50.33 grams of opium.

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4. Mr. Hussain, learned counsel for the applicant submits that the applicant was granted the privilege of pre-arrest bail on 28.11.2025, and pursuant to the said order, the applicant has appeared before the I.O. and he has been cooperating with the investigating agency and therefore, it is contended by Mr. Hussain to make the interim order, dated 28.11.2025, absolute, in the same terms and conditions.

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5. Per contra, Mr. B. Sarma, learned APP, submits that though, case diary, along with the FSL report, was called for vide order, dated 28.11.2025, yet, he submits that as per his instruction, the I.O. has completed investigation and submitted charge-sheet, vide charge-sheet No. 46/2026, dated 27.06.2026.

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6. Accordingly, taking note of the submissions of the learned counsel for both

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the parties, it is provided that the applicant shall appear before the learned Trial Court and apply for regular bail, on or before 01.10.2026. And in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law.

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7. Till then, the interim order, dated 28.11.2025, stands extended.

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8. In terms of the above, this application stands disposed of.

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JUDGE

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Comparing Assistant

Lal Badsha Baniya Alias Lal Badsa Baniya v. the State of Assam

Case brief

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Lal Badsha Baniya Alias Lal Badsa Baniya v. the State of Assam

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