MD Mustafizur Rahman Laskar Vs the State of Assam — Cheating and Forgery | Gauhati HC (2026)

MD Mustafizur Rahman Laskar Vs the State of Assam — Cheating and Forgery | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: release on furnishing bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of CJM, Kamrup(M), subject to conditions that the petitioner (i) appears before the Trial Court as and when called for and (ii) does not influence the witnesses connected with the case; the petition stands disposed of.

Issue for consideration

Whether the petitioner, the driver of a vehicle found carrying 58 plastic gunny sacs of concealed betel nuts without valid transport documents or tax invoice, should be released on bail in Gorchuk P.S. Case No. 36/2026.

Court's answer

The petitioner is to be released on bail on furnishing a bail bond of Rs. 20,000/- with one local surety of like amount, to the satisfaction of the CJM, Kamrup(M).

Ratio / Principle

Bail was granted principally because the petitioner is only the driver of the vehicle, whereas the owner of the betel nuts is a different person.

Key takeaways

Condition of bail: the petitioner shall appear before the Trial Court as and when called for.ratio¶22
Condition of bail: the petitioner shall not influence the witnesses connected with the case.ratio¶23

Detailed headnote1 paragraphs

Bail application (Bail Appln./550/2026, Gauhati High Court, decided 11.03.2026, Shamima Jahan, J.) in connection with Gorchuk P.S. Case No. 36/2026 registered under Section 303(2)/61(2)/317(2)/318(4) of BNS, 2023, arising from interception of a vehicle carrying 58 plastic gunny sacs of concealed vermis betel nuts without valid transport documents or tax invoice. The petitioner, merely the driver of the vehicle, was granted bail: bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of CJM, Kamrup(M), conditioned on attendance before the Trial Court and non-influence of witnesses. The grant rested on the petitioner being only the driver while the owner of the betel nuts was a different person (both owners already enlarged on interim pre-arrest bail and the vehicle released in zimma), even though investigation into GST/tax-invoice papers remained pending and the FSL report of the supari was awaited.

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GAHC010037412026

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

Case No. : Bail Appln./550/2026

MD MUSTAFIZUR RAHMAN LASKAR

S/O MD. MOINUL HOQUE LASKAR, R/O VILLAGE - MUBARAK BASTI, NEELBAGAN, P.S MURAJHAR, DISTRICT HOJAL, ASSAM.

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR. J ALI, MR S M ABDULLAH P

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 11.03.2026

Heard Ms. F. Hussain, learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.

By this application, the petitioner has prayed for bail in connection with Gorchuk P.S. Case No. 36/2026 registered under Section 303(2)/61(2)/317(2)/318(4) of BNS, 2023. The case started with lodging of the

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ejahar on 16.02.2025 wherein it was revealed that on a source information, a vehicle was intercepted and from there 58 plastic gunny sacs containing vermis betel nuts were found concealed and on the interrogation of the driver i.e. the petitioner, the police personnel could not get any valid documents in support of the transportation of the said betel nuts. The driver also could not produce any tax invoice or relevant papers. The driver is the petitioner here.

Ms. F. Hussain, learned Counsel for the petitioner submits that the owner of the vehicle as well as the owner of the betel nuts were enlarged on interim pre-arrest bail and that the vehicle is given in zimma to the owner of the same.

Mr R.J. Baruah, learned Additional Public Prosecutor for the State, however, submits that the driver who had transported the articles in the vehicle could not produce any documents showing lawful transportation of the same and that the investigation relating to tax invoice and other GST papers are still on which were supposed to be placed by the alleged owner of the betel nuts. He also submits that the FSL Report of the supari has also not been received.

On consideration of the submissions made by the parties and more so on the fact that the petitioner is just a driver of the vehicle and the owners of the betel nuts was a different person, this Court finds it fit that the petitioner be released on bail on furnishing bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of CJM, Kamrup(M) under the following conditions:

i) The petitioner will appear before the Trial Court as and when call for.

ii) The petitioner will not influence the witnesses connected

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with the case.

Petition is disposed of.

JUDGE

Comparing Assistant