Page No.# 1/3 GAHC010074192025 2025:GAU-AS:4997 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/882/2025 SABAN ALI AND ANR S/O HUSSAIN ALI R/O BAGHBAOR PO AND PS BAGHBOR DIST BARPETA, ASSAM 2: SHABDUL ISLAM ALIAS SABDUR ALI ALIAS SHARIF ALI S/O SABAN ALI R/O VILL BAGHBOR PO AND PS BAGHBOR DIST BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR M HOQUE, MR. S UDDIN,MS. J AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25-04-2025 Heard learned counsel Mr. B. Islam for the petitioner No. 1. Saban Ali and 2. Shabdul Islam @ Sabdur Ali @ Sharif Ali, who have filed this application under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for Page No.# 2/3 pre-arrest bail as they are apprehending arrest in connection with Changsari Police Station Case No. 58/2025 under Section 316(3) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. 3. The FIR unfolds that on 28.02.2025, a vehicle bearing registration No. AS01RC886 was loaded and the designation was M/S J C Business Pvt. Ltd. at Silchar from the starting point Pernod Richard India Pvt. Ltd. at Brahmaputra Industrial Park, Gauripur, Guwahati. 600 cases of IMFL were loaded in the vehicle but the vehicle disappeared and the driver could not be contacted for two days and his mobile number was found to be switched off. The vehicle was hired from Jayvind Kumar Ray. 4. It is submitted on behalf petitioners that Mofidul Islam is the owner of the vehicle. The driver has already been arrested and he has been enlarged on bail. The petitioners are not the owners of the vehicle. The petitioners are not involved in this case. 5. Learned Additional Public Prosecutor has submitted that the petitioner No. 1 is the father and the petitioner No. 2 is the son. The agreement clearly reveals that the petitioner No. 1 is the owner of the vehicle. The father and son were present when the vehicle was loaded and they are involved in the disappearance of the vehicle. 6. I have considered the submissions at the bar with circumspection and I have also scrutinized the Case Diary. Investigation is still under progress. The Page No.# 3/3 cases of IMFL are yet to be recovered. There are indeed incriminating materials in the Case Diary against the petitioners. 7. At this juncture there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioners. Hence, petition stands rejected at this stage. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. 9. Send back the CD. JUDGE Comparing Assistant