Page No.# 1/3 GAHC010089242026 2026:GAU-AS:10322 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/949/2026 MD BAHARUL ISLAM ALIAS AMBANI S/O LATE MONIR UDDIN R/O RESERVE GAON P.O. ISLAMGAON, P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 28.07.2026 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Md. Baharul Islam @ Ambani, has prayed for granting pre-arrest bail, apprehending arrest in connection with an FIR dated 01.02.2026 in Laluk P.S. Case No. 23/2026 under Section 316(2)/61(2)(a) of BNS, 2023. 3. The gist of the allegation is that on 01.02.2026 pertains to apprehension of two persons in a four wheeler and recovery of suspected fake gold 35.96 kgs in the form of boat-shaped fake gold structures. Two persons in the vehicle are named in the FIR and from them, the names of two other persons were also revealed. It is alleged in the FIR that the proliferation of fake gold rackets, especially in Lakhimpur district has become a serious public issue. 4. The learned counsel for the petitioner contends that the petitioner is not named in the FIR. 5. Case Diary as called for has been received. 6. Upon perusal of the case diary, it is seen that the Investigating Officer has stated that the petitioner has not appeared before the I.O as per direction of this Court while granting interim protection. 7. Learned counsel for the petitioner submits that the petitioner has been implicated in another case being Bihupuria Police Station case No. 53/2026 and his pre-arrest bail application in connection of the said case has been rejected because of which he apprehends arrest if he appears before the Investigating Officer in connection with the present case. 8. Be that as it may it appears that the petitioner is not an FIR named Page No.# 3/3 accused and even going by the contents of the FIR, it is not clear as to what specific offence has been made out merely on account of possession of some materials which has been given the nomenclature of fake gold in the FIR. 9. Having regard to the aforesaid materials I am of the view that the petitioner is entitled to the privilege of pre-arrest bail. Accordingly, the prayer for pre-arrest bail is allowed. 10. The order of interim pre-arrest bail dated 13.05.2026 is hereby made absolute on the same terms and conditions as may be applicable as of date. 11. The Anticipatory Bail petition, is accordingly stands disposed of. 12. Send back the case diary. JUDGE Comparing Assistant