Page No.# 1/3 GAHC010158952026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1733/2026 MAINUL HAQUE ALIAS MOINUL AND 2 ORS. S/O AMIN ALIR/O VILL. JAYANTIPUR, P.O. HALDA, P.S. BAIHATA CHARIALI, DISTRICT KAMRUP, ASSAM, PIN 781121 2: JITUL ALI S/O AMIN ALIR/O VILL. JAYANTIPUR P.O. HALDA P.S. BAIHATA CHARIALI DISTRICT KAMRUP ASSAM PIN 781121 3: MD SARJID AHMED @ SAJJID S/OMAHULLA ALI R/O VILL- BHUKTABARI P.S. SIPAJHAR DIST. DARRANG ASSAM PIN-784145 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A N IQBAL, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 31.07.2026 Page No.# 2/3 1. Heard Mr. N. Iqbal, learned counsel appearing for the accused petitioners as well as Ms. S. H. Bora, learned Addl. P.P., Assam appearing for the State respondent. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (1) Mainul Haque @ Moinul (2) Jitul Ali and (3) Md. Sarjid Ahmed @ Sajjid, have prayed for granting pre-arrest bail, apprehending arrest in connection with Azara P.S. Case No. 93/2026, registered under Section 305 (b)/305(c) /318(4)/316(2)/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioners apprehend arrest was lodged on 12/7/2026 wherein it was stated that a vehicle which was loaded with engine oil, grease, Mobil etc. from Castrol India Limited was plying from Azara to Dimapur Indian Auto Center and that the said vehicle was driven by one Montu Kalita. It was stated in the FIR that a GPS tracking system was installed in the vehicle and it showed that the vehicle remained stalled at various locations on its way. It also stated that repeated attempts were made to contact the driver but his phone was found switched off and that the said vehicle was diverted towards another place and that the articles from the said vehicle were stolen. The police on investigation had arrested four accused persons and it is the case of the petitioner that the said arrested accused persons had named them. 4. Learned counsel for the petitioner submits that the only material against the petitioners is the statement of the arrested persons in connection with the said case. 5. Ms. S.H. Bora learned Additional Public Prosecutor for the state submits Page No.# 3/3 that the petitioners were named by the arrested accused persons and it was alleged that the petitioners are involved in stealing the articles loaded in the said vehicle. 6. On consideration of the submissions made by the learned counsels more so in view of the fact that only material against the petitioners are the statements of other accused persons, this Court deems it fit to enlarge the petitioners on pre-arrest bail on furnishing of a bail bond of ₹20,000/- each with one local surety each to the satisfaction of the arresting authority under the following conditions that the petitioners: (i) will appear before the Investigating Officer within ten days from today. (ii) will not influence the witnesses connected with the incident case. (iii) will not hamper or tamper with the evidence of the case. If the petitioner is found violating any of the conditions, his bail order will be amenable for cancellation. 7. Accordingly, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant