Page No.# 1/3 GAHC010166952026 2026:GAU-AS:11333 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1850/2026 RABIYAL S/O AIZU ALI, R/O VILL KURIHAMARI, PO MUKALMUA, PS NALBARI, DIST KAMRUP, ASSAM, PIN 781126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A F N U MOLLAH, MR A ALIM SK,K ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 12.08.2026 Heard Mr. A. Alim Sk, learned counsel for the accused/applicant. Also heard Mr. K.K. Parashar, learned APP for the State. 2. This is an application filed under Section 482 of the BNSS, 2023 praying for granting of anticipatory bail to the accused/applicant in connection Page No.# 2/3 with Chhaygaon P.S. Case No. 127/2026, registered under Sections 303(2)/ 3(5) of the BNS. 3. An FIR was lodged on 28.06.2026 by SI Dibya Jy. Rajbongshi, alleging, that on receipt of credible information regarding certain persons dealing with stolen telecommunication equipment in Chhaygaon area and that they would be arriving in with stolen telecommunication materials, a G.D. entry was made on 28.06.2026 and thereafter, the police at about 07:30 PM while conducting surveillance near the embankment of river at No.7, Ghatpani, they noticed several persons carrying certain telecommunication materials namely, Radio Remote Unit. It is alleged that on noticing the police party they attempted to flee the spot. However, after some chasing police successfully apprehended one person along with the said equipment while the remaining persons managed to escape. On being questioned the apprehended person disclosed his identity as Majibur Rahman. It is stated that in a few meters distance, under suspicious circumstances, another person was arrested and his name is Shajahan Khondokar. 4. On receipt of the FIR, the police registered Chhaygon P.S. Case No.127/2026, under the aforementioned sections. 5. The learned counsel appearing for the accused/ applicant submits that he has apprehension of arrest because police has visited his place twice but could not find him out. 6. On the other hand, the learned APP submits that he does not have any apprehension of arrest in the instant case as his name has neither been named in the FIR nor in the forwarding report. He further submits there is no mention of his name by any of the accused persons arrested. Therefore, there is Page No.# 3/3 no apprehension of the arrest of the accused/ applicant and the instant case should be dismissed. 7. Taking into account the materials brought before this Court and on consideration of the submissions made by the respective parties, this Court does not find any merit in the instant AB application. 8. Accordingly, the instant AB application is dismissed. JUDGE Comparing Assistant