Page No.# 1/3 GAHC010015002025 2025:GAU-AS:4947 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/181/2025 ABU WAHID @ HIRA S/O-JALLAL UDDIN VILL-VAKATGAON P.S-NAGAON DISTRICT- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A HUSSAIN, MR ROBIUL HOQUE Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 24/04/2025 Heard Mr. A Hussain, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. Apprehending his arrest, the petitioner, namely, Abu Wahid @ Hira, son of Jallal Uddin, resident of Village-Bhakatgaon, P.S. Nagaon, District-Nagaon, has filed this application on 24.01.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail in Nagaon Police Station Case No. 699/2024 registered under Sections 25(1-A) of Arms Act, 1959 corresponding to G.R. No. 1997/2024. 3. Petitioner earlier approached this Court for his pre-arrest bail in said Nagaon P.S. Case No. 699/2024 and on perusal of the case diary, the Court by order dated 27.11.2024 passed in AB No. 2846/2024 rejected such pre-arrest bail prayer of the petitioner. 4. As per the FIR dated 15.07.2024, the case is that on receipt of specific information regarding dealing of illegal arms and ammunitions at Goroimari daily market, police personnel from Nagaon Police Station after making necessary entry along with police personnel of Haiborgaon Outpost left for the Goroimari daily Market. On reaching the said Goroimari daily market around 9:00 PM, police personnel apprehended three persons, namely, (i) Abu Shahid @ Mukut, (ii) Abubakkar Siddique and (iii) Md. Sadik Ali with the help of the local people. However, another person, namely, Hira, who was the prime dealer of the transaction of selling of illegal arms managed to escape from the place of occurrence taking advantage of the people gathered there. In spite of search, said Hira could not be apprehended. During the physical search of the apprehended three FIR named accused persons, one country made pistol and 4 nos. of 7.5 mm live ammunition were recovered from the possession of the accused person, namely, Abu Shahid that were seized in presence of the independent witnesses. 5. Mr. Parashar, learned Additional Public Prosecutor, Assam from the case diary submitted that it is the petitioner who was having the pistol at the relevant point of time in the place of occurrence but while fleeing the said place, he fell down and the accused, Abu Shahid @ Mukut picked up the same. 6. Mr. Parashar, learned Additional Public Prosecutor, Assam from the case diary also submitted that the petitioner is known by nick name Hira and there are sufficient incriminating materials in the Page No.# 3/3 case diary with regard to his involvement in the alleged crime particularly of having illegal arms with him. 7. Finding sufficient incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Abu Wahid @ Hira in said Nagaon P.S. Case No. 699/2024. 8. Accordingly, this pre-arrest bail application of the petitioner, named above, in said Nagaon P.S. Case No. 699/2024 stands rejected. 9. Return the case diary. JUDGE Comparing Assistant