Page No.# 1/3 GAHC010120412025 2025:GAU-AS:8519 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1882/2025 SRI BISWAJYOTI NATH S/O- SRI SHRI TIRTHESWAR NATH, R/O- VILL- HATIBAT, P.O-NAGABANDHA, P.S- MIKIRBHETA, DIST.- MORIGAON, ASSAM. PIN- 782001. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M ALI, H R KHAN,MD. ANARUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24-06-2025 Learned counsel Mr. M. Ali for the petitioner Sri Biswajyoti Nath, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 25.05.2025 in connection with Gitanagar Police Station Case No. 40/2025 under Sections 305(b) of Page No.# 2/3 Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. The petitioner has indeed committed theft of the car, contrary to the submission of learned counsel for the petitioner. 3. The FIR unfolds that on 21.05.2025, the informant Shyam Sundar Agarwal’s car of Renault Triber make bearing registration No. AS 01 FP 2420 was stolen from his residence at Imperial Park, Juroni Path. 4. It is submitted on behalf of the petitioner that the petitioner earlier purchased the car on higher purchase basis and was unable to repay the loan to the financer who took back the car from the petitioner and sold the same to the informant. It is submitted that there were business transactions between the informant and the petitioner and on a dispute, the petitioner threatened the informant to take back his car as the informant was unable to pay back certain amount. The petitioner had a duplicate key in his possession and he took back his car. He has not committed any theft. Now, the car has been recovered. The petitioner has prayed for bail as further custodial detention may not be required. 5. I have considered the submissions at the bar with circumspection. The car has already been taken back. The petitioner is willing to cooperate with the remaining part of investigation. 6. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. I have considered his submissions that he will abide by any stringent conditions if imposed upon him. Page No.# 3/3 7. Considering all aspects, petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M) under the conditions that :- (i) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (ii) the petitioner shall refrain from such activities with which he is alleged. 8. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant