Page No.# 1/3 GAHC010047392026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/560/2026 TOSHID ALI AND ANR S/O JAHAN UDDIN, RESIDENT OF SUAPATA PART - 2, PS-CHAPAR, DIST - DHUBRI, ASSAM 2: MOJU SK S/O BAREK ALI RESIDENT OF TOKRABANDHA PS - CHAPAR DIST - DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P DEKA, I BHATTACHARYYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 31.07.2026 Heard Mr. P. Deka, the learned counsel for the petitioner and Mr. B. Sharma, the learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Chapar P.S. Case No. 05/2026, registered under Sections 61(2)/303(2) of the BNS, 2023. 3. The FIR in connection with which the petitioner apprehends arrest was lodged by one police personnel on 12.01.2026, stating inter alia that on the basis of the secret information, that one tractor loaded with stolen rice bags was approaching towards a particular place, the police personnel intercepted the said tractor and 90 bags of rice suspected to be stolen has been recovered for the said tractor. It was also stated, that on the spot enquiry it was learned that the petitioners had engaged themselves in theft of rice since many days for wrongful gain. 4. The learned counsel for the petitioners submits that the petitioners are no way connected with the alleged offence. However, he submits that the petitioners have collected during the time of Bihu, some rice bags for their own profit. 5. Mr. B. Sharma, the learned APP, however, submits that the petitioners did not give any proper explanation regarding the said possession. It is however, noticed that the petitioners were enlarged on interim pre-arrest bail by order dated 16.03.2026, with one of the condition that they should appear before the Investigating Officer within a period of 7 (seven) days from the date of the order. 6. Mr. B. Sharma, learned APP for the State submits, on perusal of the Case Diary, that the petitioners have appeared before the Investigating Officer and their statements are recorded. 7. In view of the same, it is seen that the petitioners are co-operating with Page No.# 3/3 the investigation and as such, this Court deems it fit to make the interim order dated 16.03.2026 as absolute and the petitioners are allowed to remain on pre- arrest bail 8. The AB application is disposed of. JUDGE Comparing Assistant