Page No.# 1/4 GAHC010119132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1235/2025 HANIF BORAH AND ANR S/O DALIM BORAH R/O HALUWATING GRANT, P.O. DESANG GHAT, P.S. DEMOW, DIST. SIBSAGAR, ASSAM, PIN-785672. 2: ANISH ROHMAN S/O AKIBUR ROHMAN R/O HALUWATING GRANT P.O. DESANG GHAT P.S. DEMOW DIST. SIBSAGAR ASSAM PIN-78567 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. S E AHMED, M AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.07.2025 1. Heard Ms. S. E. Ahmed, learned counsel for the petitioners. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Hanif Borah and 2. Anish Rohman, who are apprehending their arrest in connection with Demow P.S. Case No. 33/2025 under Sections 303(2)/341 of BNS read with Section 192(1) of the M.V. Act. 3. The gist of accusation in this case is that on 07.01.2025, one Ratneswar Tai, ASI of Police of Demow Police Station had lodged an FIR before the Officer-in-charge of Demow Police Station, inter alia, alleging that an information was received regarding the fact that a vehicle which was used in theft of cow has met with an accident at National Highway No. 37 near Demow. Accordingly, the vehicle bearing registration No. AS-01-MA-6084 was found in abandoned condition near the restaurant Blue Horizon at Demow. During inquiry, it was suspected that said vehicle might have been used for transportation of stolen cattle and it was also found that a forged number plate was used in the same vehicle. Accordingly, Demow P.S. Case No. 33/2025 was registered. 4. The learned counsel for the petitioners has submitted that the petitioners are in no way connected with the vehicle which was seized in Demow P.S. Case No. 33/2025. However, one Bolero vehicle bearing Registration No. AS-04-BC-1159 belonging to the petitioner No. 1 has been seized by the police of Demow station in connection with Demow P.S. Case No. 33/2025 and no seizure list has been furnished to the petitioner. Now, the police is searching Page No.# 3/4 for the present petitioners and they are apprehending that they will be arrested in connection with the aforesaid case though they are not in any manner connected with the Demow P.S. Case No. 33/2025. 5. The learned counsel for the petitioners has submitted that the petitioners are ready to co-operate in the investigation and, therefore, they pray that they may be allowed to go on anticipatory bail. 6. On the other hand, the Additional Public Prosecutor has produced the case diary of Demow P.S. Case No. 33/2025 and has opposed the grant of bail to the petitioners on the ground that during investigation, it was revealed that several complaints regarding theft of cattle have been lodged in the Demow Police Station and it was found that the petitioners are indulging in stealing the cattle and purchasing and selling of the stolen cattle. He has, therefore, opposed the grant of bail to the present petitioners. 7. I have conceded the submission made by the learned counsel for both sides. 8. Though, it appears that some of the accused persons who were arrested in this case have stated that petitioners used to purchase stolen cattle and also instigate the co-accused persons to commit theft of cattle. However, it is not clear from the case diary as to how the petitioners are connected with the accusations made in the FIR on the basis of which the Demow P.S. Case No. 33/2025 was registered. 9. The investigation of the police has to be in connection with the FIR which has been lodged and regarding which the investigation is being done. If an information regarding a separate offence is revealed which is not connected with the offence under investigation in a particular case, a separate FIR has to Page No.# 4/4 be registered. In this case, on general statement of the co-accused that the petitioners used to purchase stolen cattle, they cannot be detained in Demow P.S. Case No. 33/2025 unless some material indicating their complicity in respect of the allegations made in the said FIR is there. 10. This Court is, therefore, is of the considered opinion that the custodial detention of the present petitioners in Demow P.S. Case No. 33/2025 is not justified at this stage. Hence, this anticipatory bail application is disposed of with a direction of both the petitioners to appear before the Investigative Officer of the Demow P.S. Case No. 33/2025 within a period of 7(seven) days from the date of this order and co-operate in the investigation. If they do so, within the stipulated period, they shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) each with one with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- (i) 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; (ii) That the petitioners shall co-operate in the investigation; 11. With the above observations, this anticipatory bail application is disposed of. 12. Send back the case diary. JUDGE Comparing Assistant