Page No.# 1/3 GAHC010069532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1026/2025 ABDUL MIYA S/O- LATE BASSU MIYA, R/O- SATRAKANARA SEAT NO. 9, P.O.- SATRAKANARA, P.S- BAGHBAR, DIST- BARPETA, ASSAM, PIN- 781308 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R ALI, MR. R ISLAM,MR H A AHMED,MR M Z SHAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 08.04.2025 1. Heard learned counsel Mr. R. Ali for the petitioner Abdul Miya. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 22.03.2025 in connection with Changsari Police Station Case No. 58/2025 under Section 316(3) of the Page No.# 2/3 BNS. 3. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that he is involved in committing theft of 600 cartons of IMFL. 5. Learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary as the petitioner was the driver of the vehicle carrying 600 cartons of IMFL. 6. It is further submitted that the stolen articles are yet to be recovered and if the petitioner is enlarged on bail, investigation may be adversely affected. 7. I have considered the submissions at the Bar with circumspection. I have scrutinized the Case Diary. 8. The petitioner is willing to co-operate with the remaining part of investigation. It appears that custodial detention may not be required to further the investigation. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Amingaon, under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) The petitioner shall refrain from such activities with which he is alleged, and Page No.# 3/3 (iii) The petitioner shall co-operate with the investigation. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, this bail application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant