Page No.# 1/3 GAHC010173222026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1914/2026 CHABUR UDDIN SON OF BAHAR ALI, RESIDENT OF VILLAGE SARALPARA, P.S. CHHAYGAON, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 16.09.2026 Heard Mr. F. Haque, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Boko P.S. Case No. 178/2026 registered under Sections 61(2)(a)/316(3) of BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest Page No.# 2/3 was lodged by one Abdul Azad Choudhury on 21.06.2026 stating inter alia that he is a businessman dealing in betel nut business and that on 17.06.2026, he loaded 190 bags of betel nuts on the truck, of which the petitioner is stated to be the owner and had sent it from Dawki, Meghalaya to Hatsinghimari. It was stated that three days later i.e. on 20.06.2026, the petitioner along with driver had hijacked the truck and took it to an unknown place and that the informant is unable to trace out the vehicle. 3. The learned Counsel for the petitioner submits that the petitioner is no longer the owner of the vehicle and that he had sold the vehicle to one Mithun Kalita and an deed of agreement was entered on that count. He further submitted that the entire betel nuts were seized from the house of other person and that the petitioner has no connection with the offence that has been narrated. 4. Mr. B. Sharma, learned Additional Public Prosecutor on perusal of the Case Diary submits that it was the petitioner and the driver of the vehicle, who had stopped the vehicle at a particular energy station and that three vehicles came and unloaded the betel nuts and took it to different directions and that the betel nuts were seized from persons. He also submits that the concerned Court had issued warrant of arrest against the petitioner and others in the meantime by order dated 10.07.2026. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that all the betel nuts were recovered from other persons, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Arresting Authority under the following conditions: i) the petitioner will appear before the Investigating Officer within a period of Page No.# 3/3 10 days from the date of the order without fail. ii) the petitioner will appear before the Investigating Officer thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) the petitioner will not engage in all such offence in the future. v) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 6. Petition is disposed of. JUDGE Comparing Assistant