Page No.# 1/2 GAHC010264482024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3260/2024 SAJIDUR RAHMAN AND ANR S/O MOIN UDDIN, RESIDENT OF VILLAGE NO. 4 GOWALA POTHAR, DIST SIBSAGAR, ASSAM 2: MAZIDUR RAHMAN S/O MOIN UDDIN RESIDENT OF VILLAGE BAMUNGAON PS LANKA DIST HOJAI ASSA VERSUS THE STATE OF ASSAM, REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R BORA, MS R MEDHI Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 06.01.2025 Heard Mr. T.J. Mahanta, the learned senior counsel assisted by Mr. R. Bora, learned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Lanka P.S. Case No.160/2024 under Sections 461/380 of the Indian Penal Code. 3. On 17.05.2024, miscreants committed theft of ₹1,77,800/- from an ATM. Police arrested some persons. One of them is a brother of the present two petitioners and that person has made a statement before police that these two petitioners are also involved in the said offence. This is the reason why a similar bail application(s) filed by these two petitioners was rejected by this Court. 4. This is the second bail application. 5. Mr. Kaushik has submitted that the said offence was done by the members of a gang who are operated from some source at Haryana. They are doing it throughout the country. 6. Mr. Mahanta has submitted that the statement of co-accused implicating some other persons is not admissible in law. 7. I have considered the submissions made by the learned counsel of both sides. 8. Once a bail application is rejected by a Court, the petitioners have the liberty to file fresh application(s). But the subsequent bail application(s) must have a new ground. If no new ground is taken up, the subsequent bail application is not maintainable. Here also, no fresh ground has been pleaded. Therefore, the bail application stands dismissed and disposed of accordingly. Case Dairy shall be returned. JUDGE Comparing Assistant