Page No.# 1/3 GAHC010210072026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2921/2026 HAZARAT ALI AND 2 ORS. S/O- JOHURUDDIN ALI R/O- FUHURATOLI, P.S.- SIPAJHAR DIST- DARANG, ASSAM. 2: HABIJUR HOQUE S/O- LATE SAMSUL HOQUE R/O- MILAN BAZAR FUHURATOLI P.S.- SIPAJHAR DIST- DARANG ASSAM. 3: MONIR ALAM S/O- LATE SAMSER ALI. R/O- BATERHAT SAGOLIA P.S.- GOLAKGANJ DIST- DHUBRI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM. Advocate for the Petitioner : MD S ALI, MR KUTUB ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.09.2026 Heard Mr. S. Ali, learned Counsel for the petitioners and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioners three in numbers have prayed for bail in connection with Fatasil Ambari PS Case No. 134/2026 registered under Section 331(4)/305(a) of BNS, 2023. The FIR in connection with which the petitioners were arrested was lodged by the victim himself stating inter alia that while he was asleep in his house, he heard some suspicious sound inside his house at around 03:00-04:00 pm, on 03.09.2026 and although he could not see the person clearly as it was dark but he somehow noticed someone going out from his residence through the main door and he shouted thief thief. He further stated that the villagers upon hearing his hue and cry gathered and one of the thief while he tried to escape from the place of occurrence jumped over a boundary wall and injured himself and he was apprehended and that the accused person had disclosed the name of another person, who was along with him in stealing the articles from the house of the informant. 3. The learned Counsel for the petitioners submits that during the interrogation, the person who was arrested from the place of occurrence had stated that the mobile phones are sold to petitioner no.1 through petitioner no.2. He submits that later on during the investigation upon statements made by the co-accused, the name of the petitioner no.3 also surfaced to the effect that he also used to purchase the mobile phones from the main accused persons. Page No.# 3/3 4. Mr. RJ Baruah, learned Additional Public Prosecutor for the State, however, submits that he be permitted to place the Case Diary within a very short period of time. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that there is nothing written in the forwarding report that the petitioners had the knowledge that they were purchasing stolen articles, this Court enlarges the petitioners on bail on furnishing of bail bond of Rs. 20,000/- each with one local surety each of the like amount to the satisfaction of CJM, Kamrup(M) under the following conditions: i) the petitioners will appear before the Investigating Officer as and when called for. ii) the petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioners will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant