Page No.# 1/4 GAHC010025062026 2026:GAU-AS:1850 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./393/2026 PAPU BORAH AND ANR S/O BHUMIDHAR BORAH R/O NA PAMUA P.S. GINGIA DIST. BISWANATH, ASSAM 2: PRADIP SAIKIA S/O BHBEN SAIKIA R/O NA PAMUA P.S.GINGIA DIST. BISWANATH ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, MR. I U CHOWDHURY,MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 11-02-2026 Heard Mr. S. Das, the learned counsel for the petitioners. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioners, namely, (1) Papu Borah and (2) Pradip Saikia, who were arrested in connection with Gingia P.S. Case No. 04/2026, registered under Sections 303(2)/318(4)/3(5) of BNS, 2023. 3. It is submitted by Mr. Das, learned counsel that the petitioner Nos. 1 and 2 are the driver and handyman of the truck which was intercepted by police at Biswanath Chariali, while they were coming from Itanagar by loading some scrap materials in the truck. It is further submitted that these two petitioners are innocent and are not related to the alleged incident. 4. Learned counsel for the petitioners further submitted that the scrap materials were loaded at Itanagar by one Aschan Uddin, who hired the truck for loading the scrap materials for unloading the scrap materials at Biswanath Chariali. He further submitted that local police also verified the materials at Chimpu police station and then it was allowed to go and thereafter they were intercepted by police at Biswanath Chariali. 5. Mr. Das, learned counsel further submitted that those scrap materials were purchased by the owner of the truck from one person, who accordingly submitted one affidavit also wherefrom it is also seen that those scrap materials is of one JCB which were purchased and then it was loaded at Itanagar for Page No.# 3/4 Biswanath Chariali. The e-way bills, challans and the bill of supply are also annexed along with the petition. 6. Mr. Das, learned counsel further submitted that these two petitioners are the driver and handyman of the truck and as per the instructions of one Aschan Uddin the truck was loaded with the scrap materials which were also purchased by the owner which reveals from the challans etc. Further, both the petitioners are in custody since 27.01.2026 and thus, the I.O. got sufficient opportunity to interrogate the accused persons, keeping them in custody and hence further custodial detention of the petitioners may not be required for the purpose of investigation of the case. Mr. Das further submitted that though it is a case of below 7 years of punishment, but no Notice under Section 35(3) was issued to the petitioners before their arrest. 7. Mr. Borthakur, learned Addl. PP raised objection and submitted in this regard that the explanation in the forwarding report itself is provided as to why the Notice under Section 35(3) could not be served to the petitioners before their arrest. He further submitted that the accused persons could not produce the e-way bills, challans etc., at the time of their arrest and the owner also did not approach the police station claiming ownership of the scarp materials. From the FIR itself, it is seen that there are sufficient materials against these two petitioners and hence their further custodial interrogation may be required and in the meantime, the case diary may be called for to know the actual fact of the case. 8. Considering the submissions made by the learned counsel for both sides, considering the facts of the case as well as the documents produced before the Court and other aspects of the case, I find that further custodial interrogation of the petitioner may not be necessary for the interest of investigation and Page No.# 4/4 accordingly, I find it a fit case to extend the privilege of bail to the present petitioner. 9. Accordingly, the accused/petitioners, namely, (1) Papu Borah and (2) Pradip Saikia, be released on bail in connection with Gingia P.S. Case No. 04/2026, registered under Sections 303(2)/318(4)/3(5) of BNS, 2023, on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) each only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Biswanath, Biswanath Chariali, subject to the following conditions:- (i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioners 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 him/her from disclosing such facts to the Court or to any police officer. 10. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant