Page No.# 1/3 GAHC010215502026 2026:GAU-AS:14524 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2422/2026 HABIB AHMED AND ANR S/O ABDUL KARIM 2: FAIDA BEGUM W/O HABIB AHMED BOTH ARE RESIDENTS OF CHARING PATHER P.S. MURAJHAR DISTRICT - HOJAI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MR. J ALI,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30-09-2026 Heard Mr. SM Abdullah P, learned counsel for the petitioners. Also heard Mr. B Sarma, learned Additional Public Prosecutor appearing for the State respondent. Page No.# 2/3 2. By this application, the petitioners have prayed for pre-arrest bail in connection with Murajhar P.S. Case No. 173/2026 registered under Sections 316(2)/317(4)/318(4)/336(3)/340(2)/61(2) of the BNS, 2023. 3. The FIR in connection with which the petitioners apprehends arrest was lodged by the informant stating inter alia that they approached the petitioners for purchase of two vehicles and the consideration was also fixed for the same and towards payment for purchasing the said two vehicles, the informant had paid considerable amount of money, but the informant stated that the petitioners had delivered only one vehicle and had not given the other vehicle to them inspite of payment of the consideration. The informant further stated that when they went to the residence of the petitioners and asked for the money back, the petitioners threatened them with filthy language. It is also stated that the informant came to know that the petitioners deal in stolen vehicles. 4. The learned counsel for the petitioners submits that there is no cheating on the part of the petitioners and the petitioners had already handed over one vehicle and are ready to hand over the other vehicle or return the money. He submits that threatening part is a concocted story stated by the informant. 5. On the other hand, Mr. B Sarma, learned Additional Public Prosecutor submits that two serious allegations were made against the petitioners, first that they deal in stolen vehicles and second that they have threatened the informant. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that one vehicle was delivered after taking the consideration and in the pleadings, it is stated that the petitioners are ready to Page No.# 3/3 return the money or to give the vehicle, this Court enlarges 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 under the following conditions:- i) The petitioners will appear before the Investigating Officer within a period of 15 (fifteen) days from the date of the order. ii) The petitioners will appear before the Investigating Officer as and when called for. iii) The petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) The petitioners will not leave the place of jurisdiction without the permission of the arresting authority. 7. Petition stands disposed of. JUDGE Comparing Assistant