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2026 DAILYLAW 12262 (GAU)

MONOWAR HUSSAIN ALIAS MD. MONOWAR HUSSAIN v. THE STATE OF ASSAM

AB/1808/2026 · 2026-08-16

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010157662026 2026:GAU-AS:11681 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1808/2026 MONOWAR HUSSAIN ALIAS MD. MONOWAR HUSSAIN S/O-MD. MADAN ALI, R/O-FULGASA, P.S.-FAKIRGANJ, DIST-DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP,ASSAM Advocate for the Petitioner : MR. S MOLLAH, MS M DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17-08-2026 Heard Ms. M. Das, the learned counsel appearing for the accused- applicant. Also heard Ms. S.H. Borah, the learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Fakirganj Police Station Case No. 50/2026 under Sections 336(3)/303(2)/317(2) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 21.05.2026 before the Fakirganj Police Station, alleging that one motorcycle being registration No. AS-01EE-6482 was purchased by the informant from the accused-applicant about 5 (five) months ago. Later on, it was found that the accused-applicant had manipulated the registration certificate and sold a stolen motorcycle to the informant. 4. On receipt of the FIR, the Police registered Fakirganj Police Station Case No. 50/2026 under the aforementioned Sections. 6. The learned counsel appearing for the accused-applicant submits that he has purchased the vehicle from one Zahangir Alam and was totally unaware that the said vehicle was a stolen one and sold to him with fake registration certificate. She submits that the accused-applicant will cooperate with the investigation if some protection is granted by this Court to the accused- applicant. 7. Case Diary in the instant case has been received and the same is perused. 8. Ms. S.H. Borah, the learned Additional Public Prosecutor has opposed the prayer of pre-arrest bail to the accused-applicant. 9. Taking into account the materials available in the Case Diary and having found prima facie incriminating materials against the accused-applicant, this Page No.# 3/3 Court is not inclined to grant any relief to the accused-applicant at this stage. 10. Accordingly, the Anticipatory Bail application is rejected. 11. Case Diary to be returned. JUDGE Comparing Assistant