Page No.# 1/3 GAHC010195922025 2025:GAU-AS:11826 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2120/2025 ABDUL JABBAR AND ANR S/O- CHERAG ALI @ CHERAK ALI.. R/O- VILL.- SUNATOLA, P.S.- PATHERKANDI, DIST.- SRIBHUMI, ASSAM. 2: ABDUL HANNAN S/O- CHERAG ALI @ CHERAK ALI. R/O- VILL.- SUNATOLA P.S.- PATHERKANDI DIST.- SRIBHUMI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : M. A. CHOUDHURY., MR A AHMED,U U KHAN,MISS. P M AHMED,MR. A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 02.09.2025 Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent. 2. By this application, the petitioners have prayed for pre-arrest bail in connection with PRC Case No. 2264/2024 corresponding to GR Case No. 1723/2021 arising out of Patherkandi PS Case No. 359/2021 registered under Section 379/413 of the IPC. 3. The FIR dated 22.06.2021 reveals that the informant had loaded 240 number of bags of raw betelnut in a vehicle, which was suppose to carry the said articles from Jorabat to Bhanga but when the articles did not reach the destination, the informant, on enquiry found that the said articles were in possession of the petitioners and others and when it was asked to them, they replied that they had purchased the said articles from the accused persons named in the FIR. 4. Mr. A. Ahmed, learned counsel for the petitioners submits that on completion of the investigation, Charge-sheet was submitted and the case was taken up by the learned Trial Court. He submits that although the incident had taken place on 05.06.2021 but the FIR was lodged only on 22.06.2021 and he had also placed the seizure list which reflects that the seizure was made on 09.06.2021 from one of the petitioner. He thereafter submits that the petitioners are no way involved in the said offence, inasmuch as, they had purchased the said articles from the driver of the vehicle, which was also reflected in the Page No.# 3/3 Charge-sheet. 5. Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent however submits that the articles were found in the possession of the petitioners and that they had absconded and had not co-operated with the investigation of the case and that they were shown as absconder not only in the Charge-sheet but also in the order of the learned Trial Court. 6. Upon submissions made by the parties and on perusal of the records, this Court finds more specifically in view of the fact that in the Charge-sheet, it was stipulated that the petitioners had purchased the articles from the driver of the vehicle, this Court deems it fit to release the petitioners on pre-arrest bail on furnishing bail bond of Rs. 20,000/- each with 1 local surety each of like amount to the satisfaction of the learned Trial Court under the following conditions:- 1. The petitioners will appear before the learned Trial Court on the next date positively without any fail and in non-compliance of the same, the learned Trial Court will take necessary actions against the petitioners. 2. The petitioners will not influence the witnesses whoever are connected with the case. 3. The petitioners will not leave their place of residence without the permission of the learned Trial Court. 7. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant