Page No.# 1/2 GAHC010040482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./573/2025 AMIR ALI AND ANR S/O SULTAN ALI, R/O VILLAGE SIMLABBARI, PS. LAKHIPUR, DISTRICT GOALPARA, ASSAM 2: SOBUR UDDIN S/O SULTAN ALI R/O VILLAGE SIMLABBARI PS. LAKHIPUR DISTRICT GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BORA, MR. V A CHOWDHURY,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 03.03.2025 Heard Mr. A.M. Bora, the learned senior counsel assisted by Mr. V.A. Chowdhury, learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the Page No.# 2/2 learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioners, namely- (1) Amir Ali and (2) Sobur Uddin have prayed for releasing them on bail in connection with Jagiroad P.S. Case No.249/2024 under Sections 309(4) of the BNS, 2023. 3. On 26.12.2024 at about 10.30 P.M., a truck which was carrying 32,900 kilograms of areca nuts was hijacked by someone. Later on, the driver and the handyman of the said truck had informed the owner of the goods about the incident. 4. The present two petitioners were arrested by police because the stolen goods (areca nuts) were recovered from their possession. The petitioners have claimed that they have purchased the areca nuts from a third party. According to the petitioners, they are bona fide buyers and they have nothing to do with the allegation of theft. 5. I have heard the learned counsel of both sides. 6. It appears from the record that the authority did not comply with the provision of Section 47 and 48 of the BNSS, 2023 while arresting these two persons. Moreover, the petitioners have already completed 59 days in judicial custody. 7. Considering all, this Court is of the opinion that the petitioners do not deserve to be detained in custody for any further period of time. Their bail application is allowed. 8. It is hereby directed that the petitioners, namely- (1) Amir Ali and (2) Sobur Uddin who were arrested in connection with Jagiroad P.S. Case No.249/2024 under Sections 309(4) of the BNS, 2023, shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant