Page No.# 1/3 GAHC010210752026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2979/2026 ABU HANIF MIYA S/O- TAIJUDDIN MIYA, R/O VILLAGE- MATAKATA BANACHAPA, P.O.- JAMADARHAT, P.S.- FAKIRGANJ, DIST.- DHUBRI, ASSAM, PIN- 783330 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A F N U MOLLAH, AFRITH RAHMAN,K ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.09.2026 Heard Mr. S. M. Mollah, the learned counsel for the petitioner and Mr. K. K. Das, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Chhaygaon P.S. Case No. 140/2026, registered under Sections 61(2), 103(1), 310(2) of BNS, 2023. Page No.# 2/3 3. The FIR in connection with which the petitioner was arrested and put behind the bars since 08.08.2026, was lodged by the sister of the deceased stating inter alia that, while her brother was sleeping alone in his house, some unknown miscreants entered at around 02:30 AM on 12.07.2026, and tied her brother in the bed assaulted him and killed him. The informant further stated that, the miscreants looted Rs. 5,00,000/- (Rupees Five Lakhs) from the house of her brother. 4. The learned counsel for the petitioner submits that, during the investigation of another dacoity case, two accused persons were arrested, and during their interrogation, the name of the petitioner surfaced. He submits that, the petitioner is the tenant of the deceased person and that, the two accused persons in the other decoity case are also tenant of the deceased. He submits that there are no materials against the petitioner and that, only on the basis of the co-accused statement and Call Data Records as well as on some text messages, the petitioner was arrested. 5. Mr. K. K. Das, the learned Addl. Pubic Prosecutor for the State of Assam, also submits that, not only the CDR was examined but also there were some text messages, showing his involvement and Mr. Das, the learned Addl. Public Prosecutor for the State, however, submits that, the Case Diary be called for to see the entire gamut of the case and he says that the two numbers of vehicles were not recovered. 6. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that, the petitioner was arrested only on the basis of the co-accused statement and there being no statement with regard to the text messages in the forwarding report, this court enlarges the petitioner on bail Page No.# 3/3 on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount of the satisfaction of the Additional CJM, Amingaon 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. 7. The Bail Applications stands disposed of. JUDGE Comparing Assistant