Page No.# 1/3 GAHC010091362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1383/2025 MD JIABUR RAHMAN S/O ISLAM UDDIN R/O LATANI CHAPARI, KAWAIMARI P.S. RUPAHIHAT DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.05.2025 1. Heard learned counsel, Mr. S M Abdullah P for the petitioner – Md. Jiabur Rahman, who has filed this application under Section 483 of the BNSS, 2023 for prayer of bail as the petitioner is behind bars since 28.02.2025 in connection Page No.# 2/3 with Nagaon PS Case No. 160/2025 under Sections 309(6)/311 of the BNS, 2023 r/w Section 25 (1-A) of the Arms Act. 2. Heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam. The learned Addl. Public Prosecutor has submitted that the petitioner is a history-sheeter and he is not entitled to bail. If the petitioner is released on bail, investigation may be adversely affected. 3. The petitioner was involved in Rupahihat P.S. Case No. 174/2018 registered under Sections 379/411 of the IPC, Rupahihat P.S. case No. 450/2020 registered u/s 379 IPC, Rupahihat P.S. Case No. 558/2020 registered under Sections 341/394/34 of the IPC r/w Section 27(2) of the Arms Act out of which Charge-Sheet have been submitted in connection with Rupahihat P.S. Case No. 174/2018 and 558/2020, which are cases under Section 379/411 IPC and under Section 341/394/34 IPC r/w Section 27(2) of the Arms Act. 4. The petitioner is involved in several cases. It is submitted on behalf of the petitioner that the FIR clearly reflects that group of 3 (three) unknown persons with pistol and dao committed dacoity and snatched away a bag containing Rs. 40,840/-(Rupees Forty Thousand Eight Hundred Forty) after attacking the informant with a dao. 5. It is submitted that as the petitioner has been booked in aforementioned cases, the petitioner was arrested in connection with these cases only on the basis of suspicion. 6. I have considered the submissions at the bar with circumspection. I have considered the progress of investigation. As investigation has progressed substantially, it appears that bail may be granted to the petitioner. I have also considered the submission that the petitioner is willing to cooperate with the Page No.# 3/3 remaining part of the investigation. 7. Considering all aspects, the petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with two local sureties of like amount subject to the satisfaction of the learned Elaka Magistrate/ jurisdictional Court under the conditions that; (i) the petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the I/O on every fortnight till completion of investigation. (iii) the petitioner shall not exercise threats to the witnesses, and (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 9. Send back the Case Diary. JUDGE Comparing Assistant