Page No.# 1/3 GAHC010034132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./456/2025 OBADAIA MUKSOR AND ANR. S/O LAPSING SHAI R/O NONGSING P.S. KHLIEHRIAT DIST. EAST JAINTIA HILLS, MEGHALAYA. 2: JUBAIL HUSSAIN S/O JAHIDUL ISLAM R/O VILL-GHUGUBARI P.S. SORBHOG DIST.BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. Y S MANNAN, MR. J ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.02.2025 Heard Mr. Y.S. Mannan, the learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioners 1. Obadaia Muksor & 2. Jubail Hassan have prayed for releasing them on bail, after they were arrested in connection with Kalain P.S. Case No. 12/2025. 3. On 20.01.2025, police stopped a truck bearing Registration No. AS-16/AC/5776 at the National Highway. The truck was carrying 187 bags of fertilizer. The petitioners being the drivers of the said truck could not show any documents. Police suspected that the bags of fertilizer might be stolen property. 4. Mr.Mannan has submitted that police never disclosed the reason or ground for which they had arrested the petitioners. According to Mannan, this is a violation of Section 47 of the BNSS, 2023. 5. Mr. Mannan further submits that the owner of the truck directed the petitioners to carry the bags of fertilizer and they shall comply with his order. 6. The learned counsel for the petitioners submits that both the petitioners have spent 30 days in judicial custody. 7. I have considered the submissions made by the learned counsels of both sides. 8. It appears from the FIR that the petitioners were arrested and detained in custody only on the basis of suspicion. They failed to show any documents in support of their consignment in the truck and that gave rise to suspicion. 9. This Court is of the opinion that the petitioners are detained in custody only on the basis of suspicion without any valid reason Therefore, the petitioners do not deserve to be detained in custody. Their bail application is allowed. 10. It is hereby directed that the petitioners, 1. Obadaia Muksor & 2. Jubail Hassan, who were arrested in connection with Kalain P.S. Case No. 12/2025, shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Cachar, Silchar. Page No.# 3/3 With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant