Page No.# 1/3 GAHC010007082025 2025:GAU-AS:1127 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/123/2025 JOHUR ALI S/O MARFAT ALI R/O VILL- HATIBANDHA P.O. KAKOI RAJGORH P.S. NORTH LAKHIPUR, DIST. LAKHIMPUR, ASSAM PIN-787051 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M K NEOG, MR. M K DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04-02-2025 Heard Mr. M.K. Neog, learned counsel for the petitioner Johur Ali, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail in connection with North Lakhimpur Police Page No.# 2/3 Station Case No. 196/2024 under Section 61(2)/306/112(1) of Bharatiya Nyaya Sanhita, 2023 (GR Case No. 521/2024) 2. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State. 3. The FIR unfolds that the informant is a proprietor/owner of Maruti Sales Enterprise and the accused Anil Kumar Das was entrusted to deliver the items of the informant’s godown to the customers of the informant. The informant had suspicion that some electrical items were missing from his godown but he could not identify the miscreants committing theft of the electrical articles. On 20.07.2024, at around 8 P.M., the North Lakhimpur Police recovered some stolen electrical articles and the informant was apprised and he went to the Police Station and he found some stolen articles belonging to him amidst the stolen articles kept in the Police Station. The informant identified his articles and the police informed him that these articles were recovered from Md. Raju Ahmed. The informant was suspicious that an organized gang is involved in stealing articles from his godwon and lodged an FIR to that effect. 4. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State. 5. I have considered the submissions at the bar with circumspection and I have also scrutinized the Case Diary. The petitioner is apprehending arrest as he has close affinity with Md. Raju Ahmed and he has also purchased groceries from Md. Raju Ahmed, unknown of the fact that Md. Raju Ahmed was involved in this alleged offence. The petitioner is willing to cooperate with the investigation. Page No.# 3/3 6. Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that : (i) the petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioner shall refrain from such activities with which he is alleged and (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 7. On breach of any of the bail conditions, the pre-arrest bail granted to the petitioner shall automatically stand cancelled. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant