Page No.# 1/4 GAHC010271392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3967/2025 SANKAR BHUMIK S/O LATE TAKLU SINGH, RESIDENT OF TILABHUMI, P.S.- BAZARICHEERA, DIST- SRIBHUMI, PIN-788727 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.12.2025 Heard Mr. F. Z. Mazumder, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying Page No.# 2/4 for bail to the petitioner, viz., Sankar Bhumik in connection with Gorchuk P.S. Case No.306/2025 registered under Sections 303(2)/317(2) of the BNS, 2023. The petitioner has been in custody from 19.11.2025. The allegation against the petitioner, as reflected in the F.I.R. dated 12.11.2025, is that the police personnel had pursued one Monoj Boro, who had attempted to flee upon seeing the patrolling party and thereafter on his apprehension he admitted to having stolen gas cylinders and other household articles from various locations under Gorchuk Police Station and selling them to different stores. As per the information, 11 stolen gas cylinders were recovered from one B. D. Store and one Maa General Store of Nalapara and 3 (three) persons, namely, Monoj BOro, Mrinal Deka and Manoj Kumar Sah were apprehended and brought to Gorchuk Police Station for necessary legal action. They were accordingly arrested and forwarded to the Court of learned Magistrate on 13.11.2025. The petitioner herein had been arrested on 19.11.2025 on the grounds of arrest shown in the forwarding report. The arresting authority has stated that on the lead shown by accused No.1, Nitul Boro, three nos. of LPG cylinders were recovered from the possession of the petitioner herein. Mr. Mazumder, learned counsel for the petitioner has submitted that the petitioner herein is an employee in the Maa Kali Restaurant and Page No.# 3/4 although three cylinders had, in fact, been recovered from the said restaurant, the forwarding report does not reflect the search and recovery in the Maa Kali Restaurant. The learned counsel has submitted that a perusal of the forwarding report would show that it is a repetition of the earlier forwarding report and the petitioner has been arrested without furnishing any details as to why he has been arrested. We have gone through the records available and find that the petitioner has been in incarceration from 19.11.2025. The forwarding report does not reflect as to how the arresting authority seeks to substantiate the involvement of the petitioner for his continued detention. This is only a prima-facie view on the materials available on record. In view of the aforesaid facts and circumstances of this case, this Court is of the opinion that the petitioner should be allowed the privilege of bail as prayed for. Accordingly, the petitioner is directed to be released on bail on furnishing a bail bond of Rs.10,000/- with a surety of like nature to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) subject to the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the I.O. as and when called for. (2) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate Page No.# 4/4 the witnesses in any manner; (3) That the petitioner shall not commit any offence while on bail. The Bail Application stands disposed of. JUDGE Comparing Assistant