Page No.# 1/3 GAHC010119262025 2025:GAU-AS:8522 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1240/2025 NIJAMUDDIN AHMED ALIAS NIZAM UDDIN S/O LATE MUSLIMUDDIN @ MOSLEM UDDIN R/O VILL- BANGLAPARA P.O. GOLAPARA, P.S. ABYAPURI DIST. BONGAIGAON, ASSAM PIN-783392 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A B KHABIR, MR S HUSSAIN,MR. A S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24.06.2025 1. Heard learned Counsel Mr. S.A.B.Khabir for the petitioner Md. Nijamuddin Ahmed @ Nizam Uddin who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Changsari PS Case No. 310/2024 under Section 303(2) of BNS, Page No.# 2/3 2023. 2. Learned Addl.Public Prosecutor Mr. M.P.Goswami is present for the respondent State. 3. The FIR unfolds that on 09.10.2024, one Monoranjan Das had disappeared a with Bolero Max pickup vehicle. The owner Abdul Manik then lodged the FIR alleging that his driver Monoranjan Das committed theft of the vehicle bearing registration No. AS01-SC-2801. 4. It is submitted on behalf of the petitioner that he is not named in the FIR. 5. Learned Addl.Public Prosecutor has raised serious objection that the petitioner is not entitled to pre-arrest bail. 6. The order dated 19.05.2025 passed in AB No.165/2025 clearly reflects that Manoranjan Das handed over the vehicle to one Mahidul Islam who in turn handed over the vehicle to the present petitioner. 7. It is submitted by the learned Addl. Public Prosecutor that at present the petitioner and the vehicle are untraceable. There are incriminating materials in the Case Diary and considering the gravity of the offence, he is not entitled to pre-arrest bail. 8. I have considered the submission at the Bar. 9. I have also scrutinized the Case diary. There are indeed incriminating materials in the Case Diary against the petitioner. The petitioner and the vehicle are not traceable. It appears that investigation may be adversely affected if the petitioner is insulated by an order of anticipatory bail. Page No.# 3/3 12. Considering the gravity of the offence, I am not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail application stands rejected. 13. Send back the Case Dairy. JUDGE Comparing Assistant