Page No.# 1/3 GAHC010201922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2949/2025 KHAIRUL HOQUE AND ANR S/O AINUL HOQUE VILL- KARIGOAN, P.S. BOKO DIST. KAMRUP, ASSAM 2: MOFIZUL ISLAM @ MOFIJUL ISLAM S/O BAHAR ALI VILL- LOSENABARI P.S. BOKO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 15.09.2025 Heard Mr. R. Ali, learned counsel for the petitioners. Also heard Mr. P. Barthakur, Page No.# 2/3 learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, Khairul Hoque and Mofizul Islam @ Mofijul Islam, have prayed for bail in connection with Barama P.S. Case No. 61/2025 under Section 310(2) of BNS, 2023 added Section 61(2)/140(2)/317(3)/310(5)/310(6)/111(2) (b)/111(3)/111(4) of BNS, 2023. 3. The learned counsel for the petitioners submitted that they have been detained in custody for about 52 days; most of the alleged stolen materials have already been recovered; they have also custodially examined. 4. The learned Additional Public Prosecutor submits that from the accused Khairul Hoque, 107 bags of stolen materials recovered and the accused persons are implicated by investigation, prima facie revealing that they received the stolen materials and concealed in their house. 5. The voluminous case diary indicates progress in investigation, which however, is not yet completed. The learned Additional Public Prosecutor placed the case diary before the Court flagging the important and relevant portion. The investigation leads supports to the allegation about involvement of the present accused petitioners in the alleged offence. That apart, if some of the materials of the case diary are accepted, they indicate involvement of the accused persons in an organized manner by way of vehicle hijacking on road and highway and committing dacoity thereof. 6. Moreover, the materials states that multiple cases are pending against some of the accused persons in the case. In said facts and circumstances and Page No.# 3/3 considering the serious nature of the allegation and the significant incriminating materials, it would not be appropriate to grant bail to the petitioners at this stage. Accordingly, bail application stands rejected at this stage. 7. Send back the case diary. JUDGE Comparing Assistant