Page No.# 1/4 GAHC010160512026 2026:GAU-AS:11673 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2190/2026 NABA KR LAHAKAR ALIES NABA KUMAR LAHAKAR S/O HARINATH LAHAKAR R/O - NAMSALA, P.O AND P.S - SARTHEBARI, DIST - BARPETA, PIN -781307 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MR. M DUTTA, POOJA ROY,L DEKA,MR. N BARDOLOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17.08.2026 Heard Mr. M. Dutta, learned Senior Counsel, assisted by Mr. L. Deka, learned counsel for the accused applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023, praying for grant of bail to the accused applicant in connection with Sarthebari P.S. Case No.69/2026, registered under Sections 305/331(4)/317(2) of the BNS, 2023. 3. An FIR was lodged by one Dwijen Sharma before the Officer-in-Charge, Sarthebari Police Station, alleging, inter alia, that during the intervening night of 15.07.2026 and 16.07.2026, some unknown miscreants, taking advantage of the absence of the family members, broke open the lock affixed to the grill door of the veranda of his house and gained entry therein. It was further alleged that, after entering the house, the said unknown miscreants committed theft of household articles, including 12 pairs of brass utensils weighing approximately 20 kilograms and one inverter machine and cash of Rs.50,000/- (Rupees Fifty Thousand only). 4. On receipt of the FIR, the police registered Sarthebari P.S. Case No.69/2026under the aforementioned section. 5. Mr. Dutta, learned Senior Counsel for the accused applicant, submits that the accused applicant was arrested on 20.07.2026 at about 03:30 p.m. in connection with the aforesaid case. He submits that the accused applicant is a licensed scrap dealer and was wholly unaware of the stolen properties. It is contended that he has been carrying on the business of dealing in scrap materials for quite some time and, in the ordinary course of such business, used to purchase scrap materials, including damaged utensils, from various persons under a bona fide belief that the same were being lawfully sold to him. 6. Learned Senior Counsel further submits that, upon coming to know about the registration of the FIR, the accused applicant surrendered before the police on 21.07.2026, whereafter his statement was recorded and he was remanded to Page No.# 3/4 police custody and thereafter, judicial custoday. It is submitted that the accused applicant has already remained in custody for more than 27 (twenty-seven) days. 7. Learned Senior Counsel further submits that, during the course of investigation, the Investigating Authority has arrested about 11 (eleven) accused persons, out of whom, 8 (eight) accused persons have already been enlarged on bail by the Hon’ble High Court as well as by the learned Additional Sessions Judge (FTC), Barpeta. It is, therefore, submitted that, considering the period of custody already undergone by the accused applicant and the fact that the investigation has substantially progressed, further detention of the accused applicant may not be required. Accordingly, learned Senior Counsel prays that the accused applicant should be released on bail at this stage. 8. Case Diary has been produced and the same is perused. 9. On the other hand, Mr. R. J. Baruah, learned Addl. P.P., opposes the prayer for bail by submitting that there are sufficient incriminating materials against the accused-applicant. He submits that the investigation is still going on and, though certain stolen materials have been recovered, all of them have not yet been recovered. Therefore, he prays that the instant bail application should be rejected. 10. This Court, after due consideration of the materials available in the Case Diary, as well as taking into account the fact that most of the stolen articles have been recovered and that the accused applicant has remained in custody for about 27 (twenty-seven) days, is of the opinion that the accused applicant should be granted bail at this stage. 11. Accordingly, it is directed that the accused applicant shall be released on Page No.# 4/4 bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like nature to the satisfaction of the Chief Judicial Magistrate, Barpeta, subject to the following conditions: i. That the accused applicant shall cooperate with the investigation and make himself available as and when called for; ii. That the accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer; and iii. That the accused applicant shall not try to hamper or tamper with the investigation in any manner whatsoever. 12. In view of the aforesaid directions, the instant bail application stands disposed of. 13. Case Diary to be returned. JUDGE Comparing Assistant