Page No.# 1/4 GAHC040012742026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/77/2026 Khyoda Taka Son of Shri Khyoda Tugung, permanent resident of Rembang Village, PO and PS Palin, Kra Daadi District, Arunachal Pradesh and presently residing at D Sector, Nirjuli Type-I Colony Nirjuli, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Hage Lampu, Yumlam Talo,Joram Sanjay,Khyoda Moses Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 14-08-2026 Heard Mr. H. Lampu, learned counsel for the petitioner and Mr. T. Ete, learned Additional Public Prosecutor for the State. 2. The case of the prosecution as reflected from the FIR is that on 10.02.2026, one Sri Bimal Rabha, lodged an FIR before the Officer-in-Charge, Nirjuli Police Station, alleging theft of his Hero Xtreme 125 BS motor cycle Page No.# 2/4 bearing Registration No. AS-07Y-6178. On the basis of the said FIR, a case being Nirjuli P.S. Case No. 51/2026 was registered under Sections 303(2)/331(4) of the BNS, 2023. 3. During the course of investigation, the present accused, Sri Khyoda Tako, was found possessing a stolen scooty. Accordingly, he was arrested by the police in connection with the aforesaid police station case. 4. By filing this present application under Section 483 of the BNSS, 2023, the petitioner, who is stated to be the elder brother of the accused, has prayed for release of the accused on bail. The accused was arrested on 15.07.2026 in connection with the aforesaid Nirjuli P.S. Case No. 51/2026. 5. Mr. Lampu, learned counsel for the petitioner, submits that the accused is not connected with the alleged theft in connection with the Nirjuli P.S. Case No. 51/2026 and therefore, his continuous detention in the said case is not warranted. 6. Mr. T. Ete, learned Additional Public Prosecutor for the State, referring to the Case Diary, submits that the police has arrested the accused during Naka checking and he was found to be in possession of a TVS Ntorq Scooty which was reported stolen. Learned Additional Public Prosecutor, however, submits that during the course of investigation, it was found that the involvement of the accused person in the present case was not established. It is further submitted that the TVS NTorq Scooty bearing Registration No. AR-06-A-8832, which was recovered from the accused person, was found to be the subject matter of a missing report lodged at Itanagar Police Station. Accordingly, the said scooty was handed over the Itanagar Police Station for further investigation. 7. Mr. Ete, learned Additional Public Prosecutor for the State further submits Page No.# 3/4 that, in the present case, the accused has been is custody for about 30 days and in that circumstances, his further custodial interrogation is no longer required. He, therefore, submits that, he has no objection to the release of the accused on bail, subject to strict conditions as may be imposed by this Court. 8. I have perused the Case Diary and the materials available on record. 9. Upon consideration of the Case Diary, it appears that the accused was arrested in connection with Nirjuli P.S. Case No. 51/2026 during Naka checking, as he was allegedly found in possession of the aforesaid stollen Scooty. The said scooty was subsequently found to be the subject matter of a missing report lodged at Itanagar Police Station. However, the materials in the Case Diary, also not indicate that the accused has been implicated or shown to be involved in the theft alleged in the Nirjuli P.S. Case No. 51/2026. 10. In view of the above, as the accused is no longer required to be detained for further investigation, the bail petition stands allowed. 11. Accordingly, it is directed that the accused Sri Khyoda Tako shall be released on bail in connection with Nirjuli P.S. Case No. 51/2026 upon furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Yupia, subject to the following conditions: i. that the accused shall cooperate with the investigation; ii. that the accused shall appear before the investigating officer as and when required; iii. that the accused shall not directly or indirectly make any inducement, threat or promise to any person, who Page No.# 4/4 may be acquainted with the facts of the case, so as to dissuade such person from disposing such facts before the investigating authority against the accused applicant; iv. that the accused shall not commit any other similar to the offence alleged. 12. In view of the above, the bail application stands disposed of. 13. Case Diary be returned. JUDGE Comparing Assistant CHECKED & VERIFIED Digitally signed by Jumbi Bam Date: 2026.08.14 17:09:38 +05'30'