Page No.# 1/4 GAHC010164512026 2026:GAU-AS:11683 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2229/2026 BIJU DEKA S/O BOLARAM DEKA, R/O DABOR SUPA, P.O. P.S. SARTHEBARI, DIST.- BARPETA, ASSAM, 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, Page No.# 2/4 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 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 18.07.2026 on the basis of the statement of a co-accused. However, no stolen articles have been recovered from his possession. Learned Senior Counsel submits that the accused-applicant is in no Page No.# 3/4 way involved in the alleged offence and has been falsely implicated merely on suspicion. It is further submitted that the accused-applicant has already remained in custody for about 29 (twenty-nine) days. Therefore, considering the period of custody already undergone by the accused-applicant and the fact that the stolen articles have been recovered from another accused, further detention of the accused-applicant may not be required. Therefore, learned Senior Counsel prays that the accused applicant be granted bail at this stage. 6. Case Diary has been produced and the same is perused. 7. On the other hand, Mr. R. J. Baruah, learned Addl. P.P., opposes the prayer for bail by submitting that, upon receiving information about the filing of the FIR, the accused-applicant sold the stolen articles to some other persons. He submits that the investigation is still in progress and, therefore, bail should not be granted to the accused-applicant at this stage. 8. 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 29 (twenty-nine) days, is of the opinion that the accused applicant should be granted bail at this stage. 9. Accordingly, it is directed that the accused applicant shall be released on 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; Page No.# 4/4 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. 10. In view of the aforesaid directions, the instant bail application stands disposed of. 11. Case Diary to be returned. JUDGE Comparing Assistant