Page No.# 1/4 GAHC010054242025 2025:GAU-AS:3516 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./848/2025 IBRAHIM ALI S/O LATE KHABIR UDDIN RESIDENT OF VILLAGE BELDUBI, P.S. FAKIRGANJ, DIST. SOUTH SALMARA, ASSAM, PIN -783127 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P K SARMA, MS R SAHIN,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM, ADDL. PP, ASSAM,SC, EXCISE DEPTT., ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26.03.2025 Heard Mr. P. K. Sarma, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2) Pursuant to the direction by the Court, Mr. D. Gogoi, learned Standing Counsel, Excise Department, Assam has also entered appearance in the matter. 3) On being enquired, Mr. Gogoi, learned Standing Counsel, Excise Department, Assam submitted that since the petitioner has been arrested in Dokmoka Police Station Case No. 06/2025 under Sections 61(2)(b)/305/317(2)/317(5)/111(3)/111(4) BNS, 2023 read with Section 53 (1)(a) of the Assam Excise Act, 2000; the Excise Department, Assam has no role pertaining to the bail of the petitioner in the said case and it is the State, who has complete role in it. 4) The petitioner, namely, Ibrahim Ali, son of late Khabir Uddin, resident of village-Beldubi, Police Station-Fakirganj, District-South Salmara has filed this application under Section 483 BNSS, 2023, praying for his bail in Dokmoka Police Station Case No. 06/2025, registered under Sections 61(2)(b)/ 305/317(2)/317(5)/111(3)/111(4) BNS, 2023 read with Section 53 (1)(a) of the Assam Excise Act, 2000, wherein, he was arrested on 03.02.2025 and is in custody since then. 5) Matter relates to recovery of 140 cartons of Kingfisher can beer (500 ml each), meant for its sale in the State of Arunachal Pradesh and 65 cartons of Tuborg can beer (500 ml each), also meant for its sale in the State of Arunachal Pradesh; in total, 205 cartons of beers transported in one 12 (twelve) wheeler vehicle bearing Registration No. AS 01 KC 6645 that was driven by the petitioner. The said 205 cartons of beers were found concealed inside a secret chamber of the said 12 wheeler vehicle bearing Registration No. AS 01 KC 6645 that was intercepted at Dokmoka under Dokmoka Police Station, district-Karbi Anglong during Naka checking, when it was on its way to the State of Manipur for sale of those cartons of beers that were loaded from a godown at Bandarduwa, near Nirjula of Arunachal Pradesh for the purpose of selling them to a party from Mandir Pukhuri at Manipur. 6) Accordingly, Dokmoka Police Station Case No. 06/2025, under Sections 61(2) Page No.# 3/4 (b)/305/317(2)/317(5)/111(3)/111(4) BNS, 2023 read with Section 53 (1)(a) of the Assam Excise Act, 2000 was registered. 7) Mr. Sharma, learned Additional Public Prosecutor, Assam submitted that the Court earlier, by order dated 10.03.2025 passed in Bail Application No. 487/2025 granted bail to one of the arrested co-accused in the case, namely, Surendra Kumar Pandit. 8) Perused the case diary placed before the Court today by Mr. Sharma, learned Additional Public Prosecutor, Assam. 9) From the case diary, it is seen that the 205 cartons of beers along with the 12 (twelve) wheeler vehicle bearing Registration No. AS 01 KC 6645 have already been seized in said Dokmoka P.S. Case No. 06/2025. 10) As such, considering the detention of the petitioner in custody since 03.02.2025, the Court is of the view that his further custodial detention is not warranted for investigation of said Dokmoka P.S. Case. As such, this bail application of the petitioner in said Dokmoka P.S. Case No. 06/2025 is accepted. 11) Accordingly, the petitioner, namely, Ibrahim Ali, son of late Khabir Uddin be released on bail in said Dokmoka P.S. Case No. 06/2025 on furnishing a bail bond of Rs. 30,000/- with 2(two) local sureties, each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Karbi Anglong, Diphu subject to the conditions that the petitioner, named above — i) shall appear before the Court of learned Chief Judicial Magistrate, Karbi Anglong, Diphu in said Dokmoka P.S. Case No. 06/2025 on the dates the said case is fixed and also as and when he is required in the said case; ii) shall not leave the territorial jurisdiction of Dokmoka Police Station without obtaining prior written permission from the Court of learned Chief Judicial Magistrate, Karbi Anglong, Diphu; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer; and v) shall not involve himself in any criminal activities in the future. Page No.# 4/4 12) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Ibrahim Ali, son of late Khabir Uddin the bail granted to him in said Dokmoka P.S. Case No. 06/2025, registered under Sections 61(2)(b)/305/ 317(2)/317(5)/111(3)/111(4) BNS, 2023 read with Section 53(1)(a) of the Assam Excise Act, 2000 shall stand automatically vacated. 13) This bail application accordingly stands disposed of. 14) Return the case diary herewith. JUDGE Comparing Assistant