Page No.# 1/3 GAHC010096212025 2025:GAU-AS:6433 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1487/2025 AMJAD ALI AND ANR S/O- EYASIN ALI. VILL- AGMANDIA GAON, P.S.- BAGHBAR. DIST.- BARPETA, ASSAM. 2: MOHIBUL MIYA @ MAIBUL MIYAN S/O- SADULLA MIYAN VILL- TEKULARBALA P.S- BARPETA DIST.- BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H A AHMED, MR. R ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 21.05.2025 Heard Mr. R Ali, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (i) Amjad Ali, son of Eyasin Ali, resident of village-Agmandia Gaon, P.S.-Baghbar, District-Barpeta and (ii) Mohibul Miya @ Maibul Miyan, son of Sadulla Miyan, resident of village-Tekularbala, P.S.-Barpeta, District-Barpeta, have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 05.05.2025 seeking bail in Manikpur Police Station Case No. 118/2024 under Sections 331(3)/334/317(4)/303(2)/111 of BNS, 2023 read with Section 3 of the Prevention of Damage to the Public Property Act, corresponding to G.R. No. 491/2024, in which they were arrested on 26.03.2025 and are in custody since then. 3. Mr. R Ali, learned counsel for the petitioners has submitted that one of the co-accused persons of Manikpur P.S. Case No. 118/2024 has been released on bail by this Court by order dated 13.11.2024 in B.A. No. 3400/2024. As such, claiming parity, the petitioners have prayed for their bail in said Manikpur P.S. Case No. 118/2024. 4. Petitioners have also annexed a copy of the order dated 13.11.2024 passed in said B.A. No. 3400/2024 as Annesure-3 to this bail application. 5. It can be seen from the said order dated 13.11.2024 that the petitioner of said B.A. No. 3400/2024, Abdul Ali was arrested in said Manikpur P.S. Case No. 118/2024 on suspicious and after 60 days of his arrest he was released on bail. 6. Mr. K K Parashar, learned Additional Public Prosecutor, Assam has placed the up-to- Page No.# 3/3 date case diary before the Court today. 7. Case diary indicates that it is an organized crime involving a group of persons including the petitioners who are from in and around District-Barpeta and the others are from the State of Haryana. 8. It is seen that during the investigation of the case police at the instances of the arrested accused persons of the case including the petitioners could recover a white colour car used in the crime, gas cutter, cylinder, hexo blade and many other items as shown to the police by the petitioners in presence of independent witnesses. 9. It is also seen that many of the accused persons involved in the case including the persons from the State of Haryana are yet to be apprehended. 10. Finding such incriminating materials in the case diary against the petitioners regarding their involvement in the alleged crime, this Court is of the opinion that their detention in custody since 26.03.2025 cannot be considered for their bail in said Manikpur Police Station Case No. 118/2024. 11. Accordingly, this bail application of the petitioners, (i) Amjad Ali and (ii) Mohibul Miya @ Maibul Miyan, in said Manikpur Police Station Case No. 118/2024, corresponding to G.R. No. 491/2024, stands rejected. 12. Return the case diary herewith. JUDGE Comparing Assistant