Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 25 March, 2026
Page No.# 1/2
GAHC010061892026
2026:GAU-AS:4264
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./867/2026
JITEN HAZARIKA
S/O LATE LAKHI HAZARIKA
RESIDENT OF KHALEKHOLA
PATH, GOSSAIGAON, P.S. GORCHUK,GUWAHATI, DIST. KAMRUPU
(METRO), ASSAM, PIN-781035.
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MS. U HAZARIKA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
Date : 25/03/2026 Heard learned counsel for the petitioner and Mr. M.P. Goswami, learned APP, Assam, appearing for the State.
This is an application under section 483 BNSS.
Page No.# 2/2 Learned counsel for the petitioner submits that no case under section 318(4) is made out against the present petitioner as the allegation against the petitioner is that he stored LPG cylinders and collected the cards of customers and that he is involved in illegal black marketing of domestic LPG cylinders. Further, sections 3 & 7 of the Essential Commodities Act are bailable and moreover, the petitioner has spent 8 days in custody.
The learned APP, Assam, prays for calling of the case diary.
Having regard to the fact that a prima facie case of cheating has not been made out from the contents of the FIR and the remaining sections are bailable and also the fact that the I.O. did not require Police remand as reflected in the order dated 19/03/2026 passed by the learned SDJM-I, Kamrup (Metro), Guwahati, further detention of the petitioner in judicial custody may not be necessary.
Accordingly, the prayer for bail is allowed.
The petitioner Jiten Hazarika shall be released on bail on furnishing a bail bond of Rs. 50,000/- with 2(two) local sureties to the satisfaction of the Jurisdictional Magistrate.
It is further provided that the petitioner shall cooperate with the investigation and shall not try to temper with the evidence.
Bail application is accordingly disposed of.
JUDGE Comparing Assistant