Page No.# 1/4 GAHC010164042026 2026:GAU-AS:11682 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1826/2026 SABJALI MANDAL AND 2 ORS S/O PANIRUDDIN MANDAL R/O PARIRTOL P.O. AND P.S. BONGAIGAON DISTRICT BONGAIGAON ASSAM 2: SAHBAZ ALAM KHAN RAJIBI S/O FAZLUR RAHMAN R/O PIRADHARA P.O. AND P.S. BONGAIGAON DISTRICT- BONGAIGAON ASSAM 3: SABIR UDDIN S/O MOHIR UDDIN ALIAS MOINA UDDIN R/O CHEDAMARI P.O. BALAPARA P.S. AND DISTRICT BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A KHALEK,MR. A Z AHMED,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17-08-2026 Heard Mr. H.R.A. Choudhury, the learned Senior counsel assisted by Mr. S.A. Ahmed, the learned counsel appearing for the accused-applicants. Also heard Mr. K.K. Baishya, the learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicants in connection with Maibong Police Station Case No. 07/2026 (G.R. Case No. 107/2026) registered under Sections 61(2)/318(3)/324(5)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged by one Ravi Shankar Singh, representative of Shree Balajee Transways, before the Officer-In-Charge of Maibong Police Station on 19.07.2026, alleging, inter-alia, that the FIR named persons suspected to be involved in the illegal misappropriation of a consignment under the guise of road accident. It is alleged that on 01.07.2026, a truck bearing registration No. AS- 01SC-5744, which was loaded from Paschim Bardhaman, West Bengal with a consignment of TMT bars weighing 35.4 tons to be delivered in Khowai, Tripura and on 12.07.2026, the informant received a call from Maibong P.S., informing them about the truck that the same had fallen off the mountain in Kalachand, Assam. It is alleged that 12 ton of TMT bars were recovered out of 34 ton and 22,040 kgs of TMT bars were missing. It is alleged that the accused-applicants No. 2 and 3 conspired to sell the remaining bars somewhere along the road between Salanpur to Kalachand with collusion to each other, thereby causing Page No.# 3/4 substantial financial loss to the informant. 4. On receipt of the FIR, the Police registered Maibong Police Station Case No. 07/2026 under the aforementioned Sections. 5. Mr. H.R.A. Choudhury, the learned Senior Counsel appearing for the accused-applicants submits that the accused-applicant No. 1 is the owner of the truck, which had met with an accident. He submits that the accused-applicants No. 2 and 3 are the driver and handyman, respectively of the vehicle, which met with the accident. He submits that while going towards Maibong, the truck met with an accident and the same had fallen off the road, causing injuries to the accused-applicants No. 2 and 3. He submits that the police was informed in time by the accused-applicants No. 2 and 3 and their statements have also been recorded. However, the police reached the spot as many as 7 (seven) days later, and therefore, it may happen that the goods have been stolen by some other miscreants. He submits that the allegations against the accused-applicants No. 2 and 3 are totally false and they neither conspired nor sold any of the goods loaded in the truck. He further submits that the accused-applicant No. 1 is nowhere involved in the instant case, being the owner of the truck. Therefore, he submits that accused-applicants should be granted anticipatory bail at this stage. 6. Case Diary in the instant case has been received and the same is perused. 7. After considering the materials available in the Case as well as the submissions made by the learned counsel for the respective parties, this Court is Page No.# 4/4 of the considered opinion that the accused-applicants should be granted pre- arrest bail. Accordingly, it is directed that in the event of arrest of the accused- applicants by the Investigating Authority in connection with Maibong Police Station Case No. 07/2026, the accused-applicants shall be released on pre- arrest bail on furnishing of a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with suitable sureties of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i) The accused-applicants shall appear before the Investigating Officer within a period of 10 (ten) days from today. (ii) The accused-applicants shall cooperate with the investigation and shall make themselves available as and when required by the Investigating Officer. (iii) The accused-applicants shall not tamper and hamper with the investigation by influencing any witnesses in whatsoever manner. 8. In terms of the aforesaid directions, this Anticipatory Bail Application stands disposed of. 9. Case Diary to be returned. JUDGE Comparing Assistant