MAHBUBUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. D. K. Baidya, learned counsel for the petitioner and Mr. M. Phukan, learned Public Prosecutor, Assam, for the State.

(2.) By this application filed on 27/2/2025 under Sec. 483 BNSS, 2023, the petitioner, namely, Mahbubul Hoque, son of late Ibrahim Ali, resident of Gyan Kutir, Niribili Path, Ghoramara Chariali, Bhetapara, Police Station- Basistha, District-Kamrup (Metro), Guwahati, Assam has prayed for his bail in Patharkandi Police Station Case No.55/2025 corresponding to G.R. No.283/2025, registered under Ss. 318(4)/316(5)/336(3)/111(4) BNS, 2023, read with Sec. 11 of the Public Examinations (Prevention of Unfair Means) Act,2024 in which, he was shown arrested on 22/2/2025 and is in custody since then.

(3.) Mr. Bora, learned Senior Counsel submitted that the petitioner was arrested on 22/2/2025 in Patharkandi P.S. Case No. 54/2025 under Ss. 16(1) (2)/318(4)/316(5)/336(3) of the BNS and a co-ordinate Bench by order dtd. 3/3/2025 passed in Bail Appln. No. 563/2025 released him on bail due to failure on the part of the police from Patharkandi police station to comply with the provisions of Sec. 47 and 48 of the BNSS, thereby violating the provisions of Article 22(1) of the Constitution of India.