Page No.# 1/4 GAHC010104592025 2025:GAU-AS:6549 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1591/2025 RATAN BARMAN @ NANTU BARMAN AND ORS S/O- SUBHASH BARMAN, R/O-- NEAR PEWS COLONY, BONDA, POLICE STATION- PRAGJYOTISHPUR, DISTRICT- KAMRUP(M), ASSAM. 2: SAJAL BARMAN S/O- ANEKLAL BARMAN. R/O- BONDA COLONY NEAR DURGA MANDIR POLICE STATION- PRAGJYOTISHPUR DISTRICT-KAMRUP(M) ASSAM. 3: SUJIT HAJONG S/O- SUBHASH HAJONG. R/O- BONDA COLONY (HILL SIDE) NEAR MARKET POLICE STATION- PRAGJYOTISHPUR DISTRICT-KAMRUP(M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. R K PRADHAN, MR. A K SAIKIA Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 23/05/2025 Heard Mr. R K Pradhan, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam. 2. The petitioners, namely, (1) Ratan Barman @ Nantu Barman, son of Subhash Barman, resident of near PEWS Colony, Bonda, P.S. Pragjyotishpur, District-Kamrup (Metro), (2) Sajal Barman, son of Aneklal Barman, resident of Bonda Colony, near Durga Mandir, P.S. Pragjyotishpur, District-Kamrup (Metro) and (3) Sujit Hajong, son of Subhash Hajong, resident of Bonda Colony (Hill Side), near Market, P.S. Pragjyotishpur, District-Kamrup (Metro), have filed this application under Section 439 Cr.P.C., on 16.05.2025, praying for their bail in Noonmati Police Station Case No. 93/2025 registered under Sections 303(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 2455/2025, wherein they were arrested on 11.05.2025 and are in custody since then. 3. As per the FIR dated 11.05.2025 lodged before the Officer-in-Charge of Noonmati Police Station, the case is that an information was received from source that some unknown persons were involved in stealing petroleum fuel, i.e., AFT from oil tankers parked at IOCL Marketing Yard, Sector III for its sale in the smuggled market. The said information was accordingly shared between the DCP (Central) and the ACP (Noonmati). On the information from the DCP (Central), police personnel from Noonmati Police Station conducted an operation at the specific location and found the petitioners along with one Keshab Kalita stealing petroleum fuel, i.e., AFT from the parked tanker at IOCL Refinery, Guwahati. During such operation, various incriminating materials were also found at the place of occurrence which were accordingly seized. On the basis of the said FIR, Noonmati P.S. Case No. 93/2025 under Sections 303(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 2455/2025 was registered against the petitioners and the petitioners were accordingly apprehended. 4. The petitioners were arrested on 11.05.2025 and were produced before the learned Chief Page No.# 3/4 Judicial Magistrate, Kamrup (Metro), Guwahati on 11.05.2025 itself. 5. Perused the case diary placed before the Court by Mr. Parashar, learned Additional Public Prosecutor, Assam. 6. Considered the decision of the Hon’ble Division Bench dated 27.10.2017 passed in AB No. 1205/2017 (Jayanta Kumar Das Vs. The State of Assam). 7. Considering the period of detention of the petitioners in custody since 11.05.2025, the Court is of the view that further custodial detention of the petitioners, named above, are not warranted to investigate the said Noonmati P.S. Case No. 93/2025. As such, this bail application of the petitioners in said Noonmati P.S. Case is accepted. 8. Accordingly, the petitioners, namely, (1) Ratan Barman @ Nantu Barman, son of Subhash Barman, (2) Sajal Barman, son of Aneklal Barman, and (3) Sujit Hajong, son of Subhash Hajong, be released on bail in said Noonmati P.S. Case No. 93/2025 registered under Sections 303(2) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 2455/2025, on furnishing a bail bond of Rs.40,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Noonmati P.S. Case No. 93/2025 as and when they are required for necessary investigation of said Noonmati P.S. Case; (ii) shall not leave the territorial jurisdiction of Noonmati Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (v) shall not involve themselves in any criminal activities in future. 9. Violation of any of the aforesaid terms and conditions by either of the petitioners, (1) Ratan Barman @ Nantu Barman, (2) Sajal Barman and (3) Sujit Hajong, the bail granted to them in Page No.# 4/4 the aforesaid Noonmati P.S. Case No. 93/2025 shall stand automatically vacated. 10. Accordingly, this bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant