Page No.# 1/3 GAHC010061452026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./864/2026 ROBULLAH SHEIKH S/O LATE NUR ISLAM, VILL. BHOGDAHAR, P.O. PATAMARI, P.S. DHUBRI, DIST. DHUBRI, ASSAM,PIN 783324 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 04-04-2026 Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P appearing for the State. The accused/petitioner herein is invoking the powers under Section 483 of BNS. The accused/petitioner, namely Robullah Sheikh is seeking regular bail in connection with Hatigaon P.S Case No. 49/2026 under section 303(2)/3(5) of Page No.# 2/3 BNSS, 2023. The petitioner was arrested on 16.03.2026 in connection with this case. An FIR was lodged on 16.03.2026 by ASI Pankaj Talukdar of Hatigaon Police Station with the allegation that information was received regarding some miscreants moving in their area for stealing solar panels and accordingly, they proceeded to the area and noticed four persons in an E-rickshaw carrying some solar panels. That, on being stopped they were identified as Sukchan Ali and Robullah Sheikh but they could not provide proper explanations for the items and upon being questioned, it came to light that they had been stolen from Baihata Chariali, Dhakpara and were being brought for selling. The learned counsel for the petitioner submits that the accused/petitioner has been in custody for more than 20 days; that for the solar panels have already been recovered and that granting of bail at this stage may not prejudice the investigation. The learned counsel for the petitioner has also drawn attention to the proviso to section 303 sub section-2 of BNS which states that in cases of theft where theft of property value less than Rs. 5000/- and upon first conviction and return of the property return/restoration of the property, the accused shall be punished only with community service. The learned counsel for the petitioner submits that in the facts of this case, perhaps spirit of that provision may be applied vis-a-vis the question of bail. The Case Diary has been received. The learned Additional P.P opposing the bail submits that sufficient materials have been found about involvement of the accused/petitioner in the Page No.# 3/3 stealing of the solar panels from Baihata Chariali, Dhakpara. It is submitted that during investigation, involvement of other persons has also been found and he is yet to be apprehended. It is also submitted by the prosecution that it has emerged from the statements of the witnesses that earlier also the petitioner had kept significant quantity of solar panels in his house. The I.O has also objected to the grant of bail at this stage. I have perused the relevant portions of the Case Diary including the portions pointed out by the prosecution. The CDR analysis is also stated to be awaited. It is stated in the Case Diary that upon investigation, no satisfactory explanation could be elicited from the accused persons regarding possession of the said solar panels. It is submitted by the prosecution that the value of the solar panels will be considerably more than Rs. 5000/-. There are indications in the Case Dairy from the investigation that the petitioner along with others might have been involved in these kind of illegal activities earlier also. In the entire facts and circumstances, I am of the considered view that perhaps, it may not be prudent to grant bail at this stage. Accordingly, the bail petition stands reject at this stage. Return back the CD. JUDGE Comparing Assistant