Page No.# 1/4 GAHC040012342026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/73/2026 Ropam Tayem Son of Mojesh Tayem, resident of near Govt Primary School, Ningcho Village, Seppa, PO and PS Seppa, East Kameng District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Talin Dukam Rigia, Taw Tungka,Tsering Lhamu,Sibon Engti Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 07-08-2026 Heard Mr. S. Engti, learned counsel for the petitioner, who is seeking bail in exercise of power under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the release of the accused-petitioner, Sri Munchi Tayem, who was arrested on 05.07.2026 in connection with Itanagar P.S. Case No. 97/2026 registered under Section 305(b) of the Bharatiya Nyaya Sanhita, 2023. 2. The facts leading to the registration of the FIR is that on 16.04.2026, an Page No.# 2/4 FIR was lodged by one Sri Baman Tarak stating that his motorcycle bearing Registration No. AR-01T-1956 (Royal Enfield) had been stolen from the Civil Secretariat area at Itanagar. 3. Upon receipt of the FIR, the police registered the Itanagar P.S. Case No. 97/2026 under the aforesaid provision. 4. Subsequently, for want of sufficient evidence, the Investigating Officer after the investigation, submitted Final Report No. 130/2026 dated 09.06.2026. 5. Thereafter, on 04.07.2026, the present petitioner was brought to Itanagar Police Station after being apprehended in connection with Itanagar P.S. Case No. 78/2026, which is under investigation by another Investigating Officer. During interrogation, the petitioner is stated to have admitted that he was involved in the alleged theft pertaining to Itanagar P.S. Case No. 97/2026. Accordingly, further investigation was undertaken in Itanagar P.S. Case No. 97/2026, and the petitioner was shown arrested in the present case on 05.07.2026. 6. Scanned copy of the Case Diary is received. 7. The learned counsel for the petitioner submits that the minor son of the petitioner is suffering from Generalised Epilepsy, due to which he is undergoing treatment and the petitioner is required to accompany and assist in the treatment of his son. It is submitted that after the arrest of the petitioner, he was subjected to custodial interrogation for three days while in police remand and thereafter, the Investigating Officer did not seek any further police remand. Learned counsel for the petitioner further submits that multiple motorcycles were not recovered from the possession of the petitioner in any manner. It is also submitted that the petitioner is aggrieved by the order rejecting his bail Page No.# 3/4 passed by the learned Judicial Magistrate First Class, Naharlagun, as the said order contains certain errors. 8. Mr. T. Ete, learned Additional Public Prosecutor for the State has submitted the scanned Case Diary along with the Status Report prepared by the Investigating Officer of the case. 9. Opposing the prayer for bail, Mr. Ete, learned Additional Public Prosecutor for the State, submits that, in the meantime, additional penal provisions have been invoked, including those relating to criminal conspiracy and petty organised crime and therefore, the applicable period for completion of investigation would now be 90 days. It is submitted, on the basis of the Status Report and the Case Diary, that the investigation has revealed a wide network involved in the theft of motorcycles and their sale in Assam and other places. It is further submitted that, based on the leads obtained during the investigation, some persons have already been arrested from Nagaon District, Assam, while some other persons are yet to be apprehended, as materials indicating their involvement have been found. 10. Referring to the relevant provisions of the BNSS, 2023, Mr. Ete, learned Additional Public Prosecutor, submits that it is permissible to seek judicial custody, if necessary, during the period up to 60 days in respect of such offences. 11. It is stated by the Investigating Officer in the Status Report that the prime motorcycle is yet to be recovered and that the investigation is at a crucial stage, during which communication and financial links are also being explored. The Investigating Officer has further stated that while due regard must be given to the personal liberty of the petitioner, bail at this stage may not be granted in the Page No.# 4/4 interest of the investigation. 12. I have considered the submissions advanced by the learned counsels appearing for the parties and perused the scanned Case Diary, including the detailed Status Report. 13. Considering the contentions advanced and the circumstances projected by the investigating agency, I am of the view that it would not be prudent to grant bail at this stage. Accordingly, the bail application stands rejected at this stage. 14. Return the Case Diary. JUDGE Comparing Assistant CHECKED & VERIFIED Digitally signed by Jumbi Bam Date: 2026.08.07 14:52:30 +05'30'