Page No.# 1/3 GAHC010124762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1914/2025 RAKESH KUMAR MAHATO S/O- NANDALAL MAHATO R/O- CIVIL HOSPITAL, SHILONG, P.S.-LALAN, DIST.- EAST KHASI HILLS, SHILONG. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P DAS, G. ANTHONY,MS N BARUAH,MR. S K NATH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. P. Das, the learned counsel for the petitioner. 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, Rakesh Kumar Mahato, who has been detained behind the bars since 14.05.2025 (for the last 29 days) in connection with Basistha P. Page No.# 2/3 S. Case No. 255/2025 under Sections 316(3) of the BNS, 2023. 3. The gist of accusation in this case is that on 04.05.2025, one Santosh Jha had lodged an FIR before the Officer-in-Charge of Basistha Police Station, inter-alia, alleging that a vehicle bearing Registration No. AS-26AC-0874 was dispatched from Guwahati to Silchar with some goods. 4. However, the truck did not reach its destination at Silchar and it was suspected that the truck along with the consignments were stolen by the driver with the help of owner. 5. The learned counsel for the petitioner has submitted that present petitioner is a bonafide purchaser of the goods without knowing that the said goods were stolen goods. 6. He also submits that in the meanwhile the goods which were purchased by the present petitioner has already been seized by the police. 7. He further submits that the petitioner has been detained behind the bars for the last 29 days. Hence, he submits that considering the fact that the petitioner is willing to cooperate in the investigation, he may be allowed to go on bail. 8. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Basistha P. S. Case No. 255/2025 and has submitted that the present petitioner purchased the stolen articles by paying an amount of Rs. 11,00,000/- (Approximate). 9. He however, submits that three of the stolen articles have been recovered. 10. I have considered the submissions made by both sides. 11. The aspect whether the petitioner knowingly purchased the stolen articles would be revealed after investigation. Page No.# 3/3 12. However, considering the fact that the petitioner is behind the bars for the last 29 days and is ready to cooperate in the investigation, this Court is of the opinion that if he cooperates in the investigation, further custodial detention may not be necessary. 13. Hence, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (Metro) subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner 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. 14. This bail application is, accordingly disposed of. 15. Send back the case diary. JUDGE Comparing Assistant