Page No.# 1/3 GAHC010193342026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2618/2026 ROFIK SHEIKH ALIAS ROFIQ SHEKH S/O SOMSUN SHEIKH HAQUE, RESIDENT OF SANTIPUR, P.S. TITABAR, DISTRICT JORHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S BANIK, SR. ADV., MR P J DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 08.09.2026 Heard Mr. S. Banik, learned Senior Counsel assisted by Mr. P.J. Das, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has sought for bail in connection with Page No.# 2/3 Titabar P.S. Case No. 89/2026 corresponding to G.R. Case No. 226/2026 pending before the Court of Sub-Divisional Judicial Magistrate, (M), Titabar registered under Sections 331(4)/305(e)/3(5)/317(4) of BNS, 2023. The FIR in connection with which the petitioner was arrested and is incarcerated for the last 20 days was lodged by the Head Mistress of Srimanta Sankar Vidyapeeth, Titabar on 07.08.2026 stating inter alia that on the night of 06.08.2026, electric wires were stolen from three different places within the said Vidyapeeth. It was also stated that previously as well wires were stolen from the said place of occurrence. 3. The learned Senior Counsel for the petitioner, Mr. S. Banik, submits that after lodging of the said FIR, an inquiry was conducted by the police personnel of Titabor Police Station and during the inquiry, it was found that one Akash Manki is involved in the stealing of the wires from the said school and the same was found out by seeing the CCTV footage attached in the school premises. He submits that the petitioner was not arrayed as an accused person during the inquiry done by the police personnel. He as such submits that he has no connection whatsoever with the offence and has prayed for allowing him to go on bail. 4. Mr. B. Sharma, learned Additional Public Prosecutor for the State, however, while placing the forwarding report had stated that materials were found against the petitioner since the petitioner was running dump and 1085 grams of copper wire material connected with the stolen electric wire were recovered from the dump of the petitioner. He submits that the petitioner is involved in the offence and many other persons and the investigation had revealed the accused persons involved in the offence and as such has objected for granting bail to the Page No.# 3/3 petitioner. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that during the inquiry, the name of the petitioner did not surface and only during investigation, it was found out that the petitioner had a dump and some copper wire/materials were recovered from his dump, which are stated to be connected with the stolen electric wire without there being proper substantiating materials, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of SDJM (M), Titabar under the following conditions: i) the petitioner will appear before the Investigating Officer thereafter as and when call for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant