Page No.# 1/3 GAHC010136202024 2025:GAU-AS:355 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1746/2024 SAHIDUL ISLAM MIAH SON OF ABDUS SALAM MIAH AND A RESIDENT OF VILLAGE SHIMULTAPU NO. 1, POLICE STATION GOSSAIGAON, DISTRICT KOKRAJHAR, BTAD, ASSAM, PIN- 783360 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MR. A LAL, MR M BEZBARUAH,MR A BRAHMA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09-01-2025 Heard Mr. B Sarma, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Sahidul Islam Miah, son of Abdus Salam Miah, resident of Village-Shimultapu No. 1, P.S. Gossaigaon, District-Kokrajhar, has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail apprehending his arrest in Gossaigaon P.S. Case No. 88/2024 registered under Sections Page No.# 2/3 120B/384 of the IPC, 1860, read with Section 25(1)(a) of the Arms Act, corresponding to G.R. No. 100/2024. 3. As per the FIR dated 08.06.2024, on the basis of a specific information, when the house of the petitioner was searched, one 7.65 mm Pistol, two nos. of 7.65 mm magazines, five nos. of 7.65 mm rounds of live ammunitions were recovered from the bedroom of the house of the petitioner that were concealed in a green coloured carry bag under his bed in presence of witnesses. Suspecting that the petitioner is involved in unlawful activities like, extortion, kidnapping, threatening etc. along with other associates for carrying illegal business of such arms and ammunitions recovered from his house, the FIR relating to said Gossaigaon P.S. Case No. 88/2024 under Sections 120B/384 of the IPC, 1860, read with Section 25(1)(a) of the Arms Act, corresponding to G.R. No. 100/2024 was registered against him. 4. Mr. Goswami, learned APP, Assam has placed the case diary today before the Court. 5. On perusal of the of the case diary, it is seen that pursuant to the order dated 13.11.2024, passed earlier in this proceeding, the petitioner appear before the concerned Investigating Officer of said Gossaigaon P.S. Case No. 88/2024 and his statement has already been recorded. The petitioner in his statement before the concerned Investigating Officer of the case admitted that he bought the Arm seized in the case that was recovered from his house from Bihar, as it is required for him to have it in Shimultapu area, as he is in the business of buffalo for the last three years and further admitted his guilt that he illegally bought the said weapon from Bihar as it is required in the field for his business, in which he is engaged for the last three years. 6. The petitioner before the Investigating Officer of the case also admitted that he purchased the said weapon from Bihar at Rs.25,000/- without any license and when police searched for him and seized his said arm, he was in West Bengal. 7. Mr. Goswami, learned APP, Assam from the case diary also placed the report of the 27th Assam Police Battalion, Khajuabeel, Udalguri dated 22.10.2024 that 7.65 mm country made Rifle recovered from the possession of the petitioner is serviceable and ammunitions recovered from his possession are live. Page No.# 3/3 8. Considering the fact that the alleged weapon has already been seized and the necessary report, noted above, has also been obtained and the fact that the petitioner has already appeared before the concerned Investigating Officer of the case and his statement has also been recorded, the Court is of the view that custodial detention of the petitioner is not warranted for further investigation of said Gossaigaon P.S. Case No. 88/2024. As such, this pre-arrest bail application of the petitioner is accepted. 9. Accordingly, the interim pre-arrest bail granted to the petitioner on 13.11.2024 in said Gossaigaon P.S. Case No. 88/2024, corresponding to G.R. No. 100/2024, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 13.11.2024 and on compliance of the following condition that the petitioner – (i) shall surrender his Passport, if any, before the concerned Investigating Officer of said Gossaigaon P.S. Case No. 88/2024 on or before 20.01.2025 obtaining necessary acknowledgement. 10. Violation of the aforesaid term and condition as well as the terms and conditions as specified in the order dated 13.11.2024, noted above, by the petitioner, named above, the pre-arrest bail granted to him in the aforementioned Gossaigaon P.S. Case No. 88/2024 shall stand automatically vacated. 11. This pre-arrest bail application accordingly stands disposed of. 12. Return the case diary herewith. JUDGE Comparing Assistant