Page No.# 1/3 GAHC010004582026 2026:GAU-AS:1632 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/84/2026 JAHIRUL ISLAM S/O- WAHIDUL ISLAM. R/O- VILL.- PACHIM MAIRABARI, P.S.- MOIRABARI, DIST.- MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 06.02.2026 1. Heard Mr. U. U. Khan, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor. 2. This petition under Section 482 BNSS is filed by the petitioner, Page No.# 2/3 namely, Jahirul Islam, apprehending arrest in connection with Jagiroad P.S. Case No. 267/2025 registered u/s 318(4)/316(3)/314 of BNS, 2023. 3. It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR dated 10.11.2025. The accused person named therein is alleged to have taken away a JCB from the informant. It is also submitted that the petitioner is hired to drive the said JCB. 4. The petitioner was granted interim bail on 09-01-2026 pursuant to which he is stated to have appeared before the IO and his statement recorded. 5. The learned counsel for the petitioner submits that the petitioner was a mere driver who had driven the allegedly stolen JCB on hire and he has nothing to do with the alleged offence of stealing of the JCB. 6. On the other hand, the learned Additional Public Prosecutor on the basis of the case diary submits that the investigation has revealed a different picture as it has been revealed that the petitioner is also involved in the alleged offence committed by group of persons of taking away the JCB and it was sold to a person in Nagaland and that the JCB is believed to have reached Manipur. 7. I find a statement of the petitioner in the case diary and the same has been perused. 8. The IO has also submitted a bail objection, objecting to the grant of bail. 9. The Prosecution submits that money pertaining to sale of the JCB has supposedly come into the account of the petitioner and the Page No.# 3/3 investigation is examining the bank documents. 10. I find force in the contention of the Prosecution and also that of the IO that this may not be an appropriate case for grant of pre-arrest bail at this stage as the investigation is still going on. 11. In such view of the matter, the interim bail is hereby vacated and the bail petition stands rejected at this stage. 12. Return the case diary. JUDGE Comparing Assistant