Page No.# 1/4 GAHC010094512025 2025:GAU-AS:6510 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1426/2025 RIPAN CHANDRA PAUL S/O LATE GOURI CHANDRA PAUL R/O IVLL-LUWSUR, P.S. GOBARDHANA DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR. S HUSSAIN,MD R ISLAM,MR. S RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 22.05.2025 1. Heard Mr. S. Rahman, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, appearing Page No.# 2/4 for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Sri Ripan Chandra Paul, who has been detained behind the bars since 17.04.2025 (for the last 36 days), in connection with Gobardhana P.S. Case No. 40/2025, under Sections 303(2)/317(2) of BNS, 2023. 3. The gist of accusation in this case is that on 17.04.2025, one Gopal Das, SI of Police had lodged an FIR before the Officer-In-Charge of Gobardhana Police Station, inter alia, alleging that on receipt of an information through reliable sources regarding storage of some stolen copper items in the house of the present petitioner. A search operation was made in his house. During search operation 900 Kgs of copper pieces, which are suspected to be stolen were recovered therefrom and during interrogation, it was revealed that said material was kept in the house of the present petitioner, by one Faizul. 4. The learned counsel for the petitioner has submitted that the petitioner is not involved in any theft of the alleged recovered item. He submits that the said items were kept in his house by one person, called Faizul. 5. He further submits that the petitioner has been detained behind the bars for the last 36 days and considering the period of detention, he may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor, namely, Mr. R.J. Baruah has produced the Case Diary of Gobardhana P.S. Page No.# 3/4 Case No. 40/2025, and has submitted that in this case, 900 Kgs of copper has been recovered from the house of the present petitioner and the same is suspected stolen property. 7. He further opposed the grant of bail on the ground that the co- accused Faizul, is yet to be arrested. 8. I have considered the submissions made by the learned counsel for both the sides. The property which is suspected to be stolen has already been recovered. Moreover, though there is not much progress in the investigation, apart from recovery of the suspected stolen property, the petitioner has been detained behind the bars for the last 36 days and considering the period of detention, this Court is of the considered opinion that further custodial detention of the petitioner may not be necessary, if he cooperates in the investigation. 9. In view of the above, the above-named petitioner is allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Baksa with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. Page No.# 4/4 10. With the above observations, this bail application is accordingly disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant