Page No.# 1/3 GAHC010122232025 2025:GAU-AS:8673 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1938/2025 AMJAD ALI AND ANR S/O- EYASIN ALI. VILL.- AGMANDIA GAON, P.S.- BAGHBAR, DIST.- BARPETA, ASSAM. 2: MOHIBUL MIYA @ MAIBUL MIYAN S/O- SADULLA MIYAN. VILL.- TEKULARBALA. P.S.- BARPETA DIST.- BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MS. S. PARBIN.,MR. H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26.06.2025 Heard Ms. S. Parbin, learned counsel appearing on behalf of H. A. Ahmed, learned counsel for the petitioners as well as Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/3 2) The petitioners, namely, (i) Amjad Ali, son of Eyasin Ali, resident of village-Agmandia Gaon, Police Station-Baghbar, District-Barpeta and (ii) Mohibul Miya @ Maibul Miyan, son of Sadulla Miyan, village-Tekularbala, Police Station-Barpeta, District-Barpeta have filed this application under Section 483 BNSS, 2023 praying for their bail in Manikpur Police Station Case No. 118/2024, registered under Sections 331(3)/334/317(4)/ 303(2)/324(2)/111 BNS, 2023 read with Section 3 of the Prevention of Damage to the Public Property Act, corresponding to G.R. No. 491/2024, in which, the petitioners were arrested on 26.03.2025 and are in custody since then. 3) The prosecution’s case is that on 23.08.2024 an FIR was lodged before the Officer-in- Charge of Manikpur Police Station, Bongaigaon stating that on the intervening night of 23.08.2024 and 24.08.2024, some unknown miscreants had looted cash amount of Rs. 18,26,300/- from the SBI ATM at Patiladaha and the total asset loss amounted to Rs. 3,00,000/-. 4) Said FIR was accordingly registered as Manikpur Police Station Case No. 118/2024 under Sections 331(3)/334/317(4)/303(2)/324(2)/111 BNS, 2023 read with Section 3 of the Prevention of Damage to the Public Property Act, corresponding to G.R. No. 491/2024. 5) On 26.03.2025, the present petitioners along with two others were apprehended by police personnel from Manikpur Police Station, suspecting that they jointly proceeded to commit a theft on an ATM in Abhayapuri area of Bongaigaon district and during Naka checking, they were taken into custody. As such, the petitioners along with the two others were shown arrested in said Manikpur P.S. Case No. 118/2024 and are in custody since 26.03.2025. 6) Mr. B. Shama, learned Additional Public Prosecutor, Assam submitted that as on date, charge-sheet in said Manikpur P.S. Case No. 118/2024 has not been submitted. 7) In the meanwhile, both the petitioners, as on today have completed 92 (ninety two) days in custody and as such, they have completed the statutory/mandatory period of detention of 90 (ninety) days in custody in said Manikpur P.S. Case No. 118/2024. 8) In view of the above, the petitioners are entitled for their default bail in said Manikpur P.S. Case No. 118/2024. 9) Accordingly, the petitioners, namely, (i) Amjad Ali, son of Eyasin Ali and (ii) Mohibul Miya @ Maibul Miyan, son of Sadulla Miyan are granted default bail in said Manikpur P.S. Case No. 118/2024 on furnishing a bail bond of Rs. 50,000/- each, with two local sureties, each of the Page No.# 3/3 like amount, one of which shall be a Government employee, either Central Government or State Government, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaigoan, subject to the conditions that the petitioners — i) shall appear before the concerned Investigating Officer of said Manikpur P.S. Case No. 118/2024, as and when they are required for necessary investigation of said Manikpur P.S. Case; ii) shall not leave the territorial jurisdiction of the Manikpur Police Station without obtaining prior written permission from the learned Additional Chief Judicial Magistrate, Bongaigoan; 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 the future. 10) Violation of any of the aforesaid terms and conditions by any of the petitioners, namely, (i) Amjad Ali, son of Eyasin Ali and (ii) Mohibul Miya @ Maibul Miyan, son of Sadulla Miyan, the bail granted to them in said Manikpur P.S. Case No. 118/2024 shall stand automatically vacated. 11) With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant