Page No.# 1/4 GAHC010184782026 2026:GAU-AS:12447 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2034/2026 NAIMUL ALI AND ANR S/O NAZIR ALI, R/O VILL. CHAKARMUKH, P.S. SIPAJHAR, DIST. DARRANG, ASSAM, PIN 784148 2: MOZAMIL HOQUE ALIAS MOJAMIL HOQUE S/O AINUDDIN AHMED R/O VILL. MAROI P.S.SIPAJHAR DIST. DARRANG ASSAM PIN 78414 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR A N IQBAL, MR J I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.08.2026 Heard Mr. A. N. Iqbal, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Page No.# 2/4 Assam. 2. This is an application under Section 482 of the BNSS, 2023 whereby the petitioners, namely, 1. Naimul Ali and 2. Mozamil Hoque @ Mojamil Hoque are seeking Anticipatory Bail apprehending arrest in connection with an FIR, which is registered as Azara Police Station Case No. 93/2026 registered under Sections 305(b)/305(c)/318(4)/316(2)/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioners are apprehending arrest was lodged on 12.07.2026, wherein it was stated that the vehicle, which was loaded with Engine Oil, Grease, Mobil, etc., from Castrol India Limited, was travelling from Azara to Dimapur and that the said vehicle was being driven by one Mantu Kalita. It was further stated that the vehicle remained stalled at various locations on its way, as was seen through the GPS tracking system installed in the vehicle. 4. It was also stated that attempts were made to contact the driver, but his phone was found switched off, and that the said vehicle was diverted towards another place, whereafter the articles from the said vehicle were stolen. 5. During the course of investigation, the police arrested 4 (four) accused persons, and it is the case of the petitioners that, during the interrogation of the said accused persons, they had taken the name of one of the petitioners, namely, Naimul Ali. 6. The learned counsel for the petitioners submits that, insofar as petitioner No. 2 is concerned, the police have been searching for the said petitioner and had reached his home, and as such, he apprehends arrest in connection with the said offence. However, he submits that the petitioners are in no way involved in the offence in question. Page No.# 3/4 7. Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Assam, submits that petitioner No. 1 was named by one of the other arrested accused persons, and that the name of petitioner No. 2 surfaced during the course of investigation. 8. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that the only material against petitioner No.1 is the statement of the co-accused, and there being no materials against petitioner No.2, as the same has not been stated anywhere by the Investigating Officer, this Court deems it fit to enlarge the petitioners on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only each with one local surety each of the like amount to the satisfaction of the Arresting authority under the following conditions: 1. That the petitioners shall appear before the Investigating Officer within 10(ten) days from today and such other dates as required and co-operate in the investigation as and when required; 2. The petitioners shall not leave the jurisdiction of the police station, without prior written permission from Officer-in-Charge, Azara Police Station. 3. That the petitioners shall not hamper or tamper with the investigation in any manner; and 4. That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Page No.# 4/4 Court or to any police officer in connection to this Police Station Case. If any of the conditions are found to be violated by the petitioners then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioners. 9. Accordingly, the anticipatory bail petition is disposed of. JUDGE Comparing Assistant