Page No.# 1/3 GAHC010021692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/228/2025 MATIAR RAHMAN S/O SADHU MIAH VILL-GAGALMARI P.O. KADONG P.S. BARPETA DIST. BARPETA, ASSAM PIN-781314 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS S ISLAM,MS. U HAZARIKA,MR H DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 02/04/2025 Heard Ms. T Som, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. Apprehending his arrest, the petitioner, namely, Matiar Rahman, son of Sadhu Miah, resident of Village-Gagalmari, P.O. Kadong, P.S. Barpeta, District-Barpeta, has filed this application on 04.02.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail in Barpeta Police Station Case No. 345/2024 registered under Section 25(1-A) of the Arms Act read with Section 4/5 of the Explosive Substance Act. 3. Petitioner submitted that he is not an FIR named accused in said Barpeta P.S. Case No. 345/2024 and the alleged explosive substances have been recovered from the house of the FIR named accused, namely, Nurul Amin. As such, his pre-arrest bail application in said Barpeta P.S. Case No. 345/2024 should be considered. 4. Earlier the petitioner preferred a pre-arrest bail application being AB No. 2736/2024 for his pre-arrest bail in said Barpeta P.S. Case No. 345/2024 and this Court on perusal of the case diary rejected the pre-arrest bail application of the petitioner on 20.11.2024. 5. This is petitioner’s 2nd pre-arrest bail in said Barpeta P.S. Case No. 345/2024. 6. Perused the up-to-date case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 7. As per the FIR dated 10.09.2024, the case is that on receipt of specific information from its source, police visited the house of the FIR named accused person, Nurul Amin and during search, (i) 2 nos. of handmade bomb, (ii) 3 nos. of 7.62 mm live ammunition, (iii) one detonator, (iv) about 100 gms. of plastic explosive kirke and (v) one charger clip were recovered from the house of the said Nurul Amin and he was accordingly arrested. 8. The case diary indicates that from the date of apprehending said Nurul Amin in said Barpeta P.S. Case No. 345/2024, the petitioner was found missing from his house which is adjacent to the Page No.# 3/3 house of said Nurul Amin, arrested accused in said Barpeta P.S. Case No. 345/2024. 9. The statement of the witnesses including the statement of the independent witnesses so far recorded by the concerned Investigating Officer and the villagers of Gagalmari Village implicated the petitioner with regard to his involvement in the alleged crime in said Barpeta P.S. Case No. 345/2024, more particularly, in procuring, transporting and selling of such explosive items illegally. 10. Considering such 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, Matiar Rahman in said Barpeta P.S. Case No. 345/2024. 11. Accordingly, this pre-arrest bail application of the petitioner, named above, in said Barpeta P.S. Case No. 345/2024 stands rejected. 12. Return the case diary. JUDGE Comparing Assistant