Page No.# 1/3 GAHC010273072025 2025:GAU-AS:17023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2906/2025 SHRI ANOWAR HUSSAIN @ ANOWAR HUSSAIN SK S/O- TAJUDDIN SHEIKH, R/O- VILLAGE- DURGAMALI, P.S. BONGAIGAON, DIIST.- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M S ALAM, MS. A BEGUM,MD. S ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 09.12.2025 1. Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Mr. B. Sarmah, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Anowar Hussain @ Anowar, has prayed for granting pre-arrest bail, apprehending arrest in connection with Bongaigaon P.S. Case No. 290/2025, registered under Section 310(4) of BNS, 2023. Page No.# 2/3 3. The FIR was lodged by a police official from Bongaigaon P.S. on 13.11.25 with the allegation that reliable source information was received about the present petitioner Johurul Islam and others making preparations for highway dacoity. Subsequently, a search was conducted in his residence and also in the presence of witnesses, a mobile phone, walkie talkie of Baofeng company, one jacket olive color green jacket and three khakish T shirts having Assam police written on it were recovered from his premises. 4. The case diary is available and has been placed before this Court. 5. The learned counsel for the petitioner submits that there was no recovery from the present petitioner and that they are not involved in the alleged offenses and they are being sought to be arrested by the police solely on suspicion. 6. The I/O has submitted an elaborate bail objection stating that the search was conducted based on reliable source information about preparation for dacoity and the Baofeng walkie-talkie, which was found is used by organized criminal gangs because they enable encrypted direct and untraceable communications, independent of other mobile networks. 7. Perusing the bail objection and also the relevant portions of the case diary as pointed out by the learned prosecution it is clear that the investigation is in active progress to locate and nab the network of miscreants involved in this illegal activities of making preparations for highway dacoity. 9. Considering the grave nature of the alleged offences and the stage of investigation, granting anticipatory bail to the petitioners at this stage Page No.# 3/3 could come in the way of effective investigation into these serious allegations, which is very much needed. 10. Accordingly, this anticipatory bail application stands rejected and disposed of. 11. Return the case diary. JUDGE Comparing Assistant