Page No.# 1/3 GAHC010182142026 2026:GAU-AS:13309 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2068/2026 SANNU CHOUDHURY AND 2 ORS. S/O LATE JAGAT CHOUDHURY, R/O VILL. OLD MISSAMARI, P.S. MISSAMARI, DIST. SONITPUR, ASSAM, PIN 784506 2: ISTAK HUSSAIN S/O LATE ISLAM ANSARI R/O VILL. VERVERI P.O. NEPALI BASTI PIN 784506 P.S. MISSAMARI DIST. SONITPUR ASSAM. 3: UTTAM DAS S/O UJJAL DAS R/O VILL. NIZ GARUBANDHA P.O. GARUBANDHA P.S. MISSAMARI DIST. SONITPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,A DEY,MS A DAS,MS. U NANDA,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.09.2026 1. Heard Mr. S.C. Biswas, learned counsel assisted by Ms. A. Das, learned counsel appearing for the petitioners. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By this application, the petitioners have prayed for grant of pre-arrest bail in connection with Missamari P.S. Case No.63/2026 registered under Sections 305(b)(c)(e)/303(2)/306/317(2)(5) of the BNS, 2023. 3. The FIR in connection with which the petitioners apprehend arrest was lodged on 15.07.2026 by police personnel of Missamari Police Station stating inter alia that they had received information that oil has been illegally transferred from an oil tanker through a pipe into certain drums at Shyam Washing Centre. Acting upon the said information, they reached the place of occurrence and found four plastic drums and two small drums containing suspected diesel along with pipes allegedly used for transferring the oil into the said drums. 4. The learned counsel appearing for the petitioners submits that the names of the petitioners did not figure in the FIR and that only two accused persons have been named therein. He, however, submits that the police have visited the residences of the petitioners with the intention of arresting them and apprehending arrest without there being any material against them, the petitioners have filed the present application seeking anticipatory bail. 5. Mr. R.J. Baruah, learned APP appearing for the State of Assam, however, Page No.# 3/3 submits that the co-accused including the owner of Shyam Washing Centre and the other accused personswho have been arrested by the police, during interrogation, have implicated the petitioners as being involved in the alleged offence of transferring oil from the oil tanker into the drums. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that the petitioners have been implicated on the basis of the statements of the co-accused and also considering the fact that the petitioners were not named in the FIR, this Court deems it fit to release the petitioners on pre-arrest bail on furnishing a bail bond of Rs.20,000/- each with one local surety each of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioners shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure, (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioners shall not leave their residence without prior permission of the Investigating Officer. 7. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant