Page No.# 1/3 GAHC010278142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4047/2025 MAJIBUR RAHMAN FAKIR MOJIBUR RAHMAN FOKIR AND ANR ASSAM 2: DHARMENDRA MUSHAHARY S/O MAHENDRA MOHAN MUSHAHARY R/O VILL- GOSSAIGAON WARD NO. 3 P.S. GOSSAIGAON DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. P BORAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15.12.2025 Heard Mr. K. Baruah, learned counsel for the accused/applicants. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application filed under Section 483 BNSS, 2023, the accused/applicants namely, Majibur Rahman Fakir @ Mojibur Rahman Fokir and Dharmendra Mushahary, praying for bail in connection with Kokrajhar P.S. Case No. 268/2025, under Section 319(2)/318(4)/49 of BNS, 2023. 3. The gist of the allegation in the FIR dated 04.12.2025 is that when the police was doing naka checking duty, the police intercepted one TATA PUNCH vehicle, wherein a CID sticker was pasted on its windshield. On enquiry, it was revealed that the said vehicle was owned by Jamirul Haque, supposedly working for the CID and he had put that sticker in his vehicle to avoid road Toll taxes. The police found the present applicants inside the vehicle and on suspicion, they were arrested on the very same day and behind the bars since 04.12.2025. 4. The learned counsel for the accused/applicants submits that the applicants are not involved in any kind of criminal activity as alleged in the FIR and they only travelled with the owner of the said vehicle i.e. Jamirul Haque. Further, it is submitted that the applicants have been detained in custody for last 11 days and therefore, looking in the allegation in the FIR, further custodial detention of the accused/applicants may not be required. 5. On the other hand, the learned Additional Public Prosecutor opposed in granting bail to the accused/applicants and prayed that the case diary be called for at this stage. 6. I have gone through the relevant documents available in the record as well the allegation in the FIR. I have also heard the submissions of learned counsel for the respective parties. Page No.# 3/3 7. Considering all, this Court is of the considered view that the accused/applicants should be granted bail at this stage, subject to conditions. 8. Accordingly, the accused-applicants, named above, shall be released on bail in connection with Kokrajhar P.S. Case No. 268/2025, under Section 319(2)/318(4)/49 of BNS, 2023, on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount to the satisfaction of learned CJM, Kokrajhar, 9. The direction for bail is subject to the following conditions that the accused/applicants: (a) shall co-operate with the investigation and appear before the authority, as and when called for; and (b) shall not hamper or tamper with evidence. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant