Page No.# 1/4 GAHC010118212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1816/2025 SRI JADU RAI @ JODDU RAI AND ANR S/O- LATE JAGO RAI. VILL.- NAMANI GAON, THAKUR BARI ROAD, RANGAPARA, P.S.- RANGAPARA, DIST.- SONITPUR, ASSAM. PERMANENT ADDRESS- VILL.- SAHPUR, P.S- JALALPUR. DIST.- SAMASTIPUR, BIHAR. 2: HARINANDAN SHAH @ SRI HARINDA SAHA S/O- BADRI RAI SHAH R/O- WARD NO.9 DHEKIAJULI P.S- DHEKIAJULI DIST.- SONITPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. S. Rahman, the learned counsel for the petitioners. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This bail application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, (1) Jadu Rai @ Joddu Rai, and (2) Harinandan Shah @ Sri Harinda Saha, who have been detained behind the bars since 04.05.2025 and 05.05.2025 respectively, in connection with Sootea Case No. 43/2025 under Sections 61(2)/303(2)/317(2)/305(c)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 04.05.2025, one Nayan Kumar SI of Police had lodged an FIR before the Officer-in-Charge of Sootea Police Station, inter-alia, alleging that the accused persons named in the FIR (present petitioners) have committed theft of an oil tanker bearing Registration No.AS01-MC-9750, loaded approximately with 10,000 litres of diesel. 4. The learned counsel for the petitioners has submitted that the petitioner No.1 has been detained behind the bars for the last 39 days and petitioner No.2 has been detained behind the bars for last 38 days. 5. He also submits that in the meanwhile, the truck which is alleged to have been stolen has already been recovered. Therefore, considering the length of the detention, the petitioners may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Sootea Case No. 43/2025 and has submitted that there are sufficient incriminating materials against the petitioners and though, Page No.# 3/4 the stolen truck has been recovered and seized by the police, however, as regards the theft of 10,000 litres of diesel is concerned, the investigation is still going on. 7. It is also submitted by the learned counsel for the petitioner that though the oil was meant for petrol pump in Arunachal Pradesh, however, it has been unauthorizedly transported to Assam and the aspect regarding requirement of transit chalan is under investigation. 8. I have considered the submissions made by the learned counsel for both sides. The investigation has fairly progressed. The truck, which is alleged to have been stolen has also been recovered. 9. Moreover, considering the period of detention undergone by both the petitioners, this Court is of the considered opinion that if they cooperate in the investigation, their further custodial detention may not be necessary for fair completion of the investigation of Sootea Case No. 43/2025. 10. In view of the above, the petitioners are allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one surety of like amount to the satisfaction of the Chief Judicial Magistrate, Biswanath subject to the following conditions: i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 11. This bail application is, accordingly disposed of. Page No.# 4/4 12. Send back the case diary. JUDGE Comparing Assistant