Page No.# 1/3 GAHC010181392026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2452/2026 RAHUL DAS S/O LATE DHIREN DAS, R/O VILLAGE MAJGAON, P.S. NORTH GUWAHATI, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. SUDAKSHINA K., MS H TERANGPI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07.09.2026 Heard Mr. T. J. Mahanta, the learned senior counsel assisted by Ms. H. Terangpi, the learned counsel for the petitioner and Mr. B. Sarma, the learned APP for the State. 2. By this application, the petitioner has prayed for bail in connection with Page No.# 2/3 North Guwahati P.S. Case No. 83/2026, registered under Section 303(2), 317(2) and 3(5) of BNS, 2023. 3. The FIR, in connection with which the petitioner was arrested, was lodged on 19.08.2026 by the Admin-in-Charge of SPS Construction India Pvt. Ltd., stating, inter alia, that on the same day, at approximately between 9:30 PM and 10:00 PM, some individuals were caught red-handed while stealing 141 iron rods, which were being used for construction purposes, from the construction site near the Viaduct Pillar and Jetty area at North Guwahati, Assam. The learned senior counsel for the petitioner submits that, the vehicles in which the iron rods were loaded belongs to the petitioner and that the said vehicle was hired from him and it was not known to the petitioner that those rods which were loaded in the vehicle were stolen articles. The learned senior counsel has pressed the pleadings present at paragraph 5 of the instant bail application. 4. Mr. B. Sharm, the learned APP for the State, on perusal of the Case Diary submits that the petitioner is known to the other accused persons, who were found in the vehicle and were caught red handed on stealing of the said rods materials. He further submits that the petitioner was caught red handed while doing the misconduct. 5. On consideration of the submissions made by the learned counsels, more so, in view of the fact that, the offences entails a punishment of less than 7 years and in absence of any notice being given to the petitioner under Section 35(3) of BNSS, 2023, this Court deems it fit, to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of CJM, Kamrup, Amingaon Page No.# 3/3 under the following conditions: (i) The petitioner shall positively appear before the Investigating Officer as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer. 6. The Bail Application stands disposed of. JUDGE Comparing Assistant