Page No.# 1/3 GAHC010176912026 2026:GAU-AS:12201 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2423/2026 SRI BIJU ROY S/O DHIREN CHANDRA ROY VILLAGE SANTARADAHA, P.O. SORBHOG, P.S. SORBHOG, DISTRICT BARPETA ASSAM, PIN 781317 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : K RAHMAN, MR. SAIDUL ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.08.2026 Heard Mr S Alom, learned counsel for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 483 of the BNSS, 2023, the petitioner has prayed for bail in connection with Sualkuchi PS Case No. 44/2026, under Sections Page No.# 2/3 303(2)/3(5) of the BNS, 2023, corresponding to GR Case No. 431/2026. 3. The First Information Report in connection with which the petitioner was arrested, was lodged by the one Bhaskar Baishya, on 10.08.2026, before the Officer-In-Charge of Sualkuchi Police Station, stating, inter alia, that on 06.08.2026, at about 07:30 am, he and other employees of Sri Gautam Construction Company Limited, saw in the CCTV camera that some unknown person stole 4 bundles of UG Armoured Cable Wire from the site of the company by loading it on a vehicle, i.e., Tata 712 of Nabanita Road Lines, bearing Registration No. AS-01-RC-1318. It is also alleged that the fare to transport the said articles from the company was given to the driver through online transaction and that the driver was directed to carry the materials by calling through a mobile number. 4. The learned counsel for the petitioner submits that the petitioner is the driver of the said vehicle and that he was directed to carry the articles by calling over telephone and giving his fare, but he has no knowledge that the articles were stolen articles and that he transported the stolen articles from the company to the particular place. 5. Mr B Sarma, learned Additional Public Prosecutor for the State, however, submitted by relying on the ground of arrest mentioned in the forwarding report that the petitioner had the knowledge that the cables were stolen articles and that he helped the other persons in stealing the same and transporting it from the company to the other place, where he unloaded. 5. Upon consideration of the submissions made by the learned counsels, it is seen that the petitioner was the driver of the truck, where the articles were loaded, but it is nowhere stated as to what time, the articles were loaded in the truck and also it is nowhere stated in the forwarding report that the petitioner had the knowledge that the said cables were stolen when it was loaded in the truck and that he had transported the same knowing that the articles were stolen articles. 6. In view of the same, this Court deems it fit to release the petitioner on bail on Page No.# 3/3 furnishing of a bail bond of Rs. 20,000/-, with one local surety of the like amount to the satisfaction of the learned JMFC, Hajo, under the following conditions:- i) the petitioner shall appear before the Investigating Officer as and when called for. ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer. 7. Bail Application stands disposed of. JUDGE Comparing Assistant