Kamrul Haque Mazumder Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

Kamrul Haque Mazumder Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Release of the petitioner on bail of ₹50,000/- with two sureties of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Silchar, subject to his appearance before the trial court on each and every date of hearing.

Issue for consideration

Whether the petitioner, an undertrial in NDPS Case No. 65/2025 (Silchar P.S. Case No. 554/2025) facing trial for illegal possession of 61 grams of heroin and detained for 225 days, should be released on bail.

Court's answer

Considering the period of detention undergone by the petitioner in custody (submitted as 225 days), the petitioner's bail prayer deserves to be accepted.

Ratio / Principle

The bail application is allowed; the petitioner shall be released on bail of ₹50,000/- with two sureties of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Silchar.

Key takeaways

The petitioner is directed to appear before the trial court on each and every date of hearing; if he fails to appear before the trial court within the next 10 days, the trial court shall be at liberty to proceed against him as per the procedures laid down by law.ratio¶27

Detailed headnote1 paragraphs

Bail granted — NDPS undertrial — Gauhati High Court (Parthivjyotjyoti Saikia, J., single judge), 05.01.2026, Bail Appln./4090/2025: Application under Section 483 of the BNSS, 2023 by Kamrul Haque Mazumder, facing trial in NDPS Case No. 65/2025 (arising out of Silchar P.S. Case No. 554/2025) for illegal possession of 61 grams of heroin, who had spent 225 days in custody, with 5 of 8 prosecution witnesses already examined. Though the Court earlier observed that allowing bail at that stage could hamper disposal of the trial, it held that considering the period of detention undergone, the bail prayer deserved acceptance. Petitioner ordered released on bail of ₹50,000/- with two sureties of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Silchar, directed to appear before the trial court on each hearing date, with liberty to the trial court to proceed against him as per law if he fails to appear within 10 days. Bail application disposed of accordingly.

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GAHC010280962025

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

Case No. : Bail Appln./4090/2025

KAMRUL HAQUE MAZUMDER

S/O LATE SIRAJ ALI, MAZUMDER, R/O KASHIPUR PART 1, P.S. SILCHAR, DIST. CACHAR, ASSAM.

VERSUS

THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.

Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS. U NANDA,MR. F A HASSAN,MS. J GHOSH

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

Date : 05.01.2026

Heard Mr. S.C. Biswas, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor for the State of Assam.

This is an application under Section 483 of the BNSS, 2023 in respect of NDPS Case No.

65/2025 arising out of Silchar P.S. Case No. 554/2025.

The petitioner is facing trial for illegally possessing 61 grams of heroin.

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Mr. Biswas has submitted that the petitioner has already spent 225 days in custody.

Mr. Das has submitted that out of 8 prosecution witnesses, 5 witnesses have already been examined and only 3 witnesses are yet to be examined.

This Court is of the opinion that at this stage, allowing the bail application of the petitioner would hamper the disposal of the case pending before the trial court.

Mr. Das submits that the witnesses, who have already been examined, have not supported the case of the petitioner.

I have considered the submissions made by the learned counsel of both sides.

This Court is of the opinion that considering the period of detention undergone by the petitioner in custody, the bail prayer of the petitioner deserves to be accepted.

Therefore, the bail application of the petitioner is allowed.

The petitioner Kamrul Haque Mazumder, who is facing trial NDPS Case No. 65/2025 pending in the court of the learned Sessions Judge, Cachar, Silchar shall be released on bail of ₹50,000/- with two sureties of like amount to the satisfaction of the learned Judicial Magistrate 1^st Class, Silchar.

The petitioner is directed to appear before the trial court on each and every date of hearing. It is hereby directed that if the petitioner fails to appear before the trial court within next 10 days, the trial court shall be at liberty to proceed against the petitioner as per the procedures as laid down by law.

This bail application stands disposed of accordingly.

JUDGE

Comparing Assistant