Page No.# 1/3 GAHC010216822026 2026:GAU-AS:14527 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2436/2026 ARSAB KHAN S/O- LATE JAMAL KHAN, R/O- BARALI, P.O. MANDIA, DIST- BARPETA, ASSAM, PIN 781308 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR. Advocate for the Petitioner : MR B P BORAH, MR H MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 30.09.2026 1. Heard Mr. B.P. Borah, learned counsel appearing for the petitioner and Ms. S.H. Borah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Mariani P.S. Case No. 59 of 2026 registered under Sections 305(d)/331(4)/112 of the BNS, 2023 corresponding to P.R.C. Case No. 188 of Page No.# 2/3 2026 pending before the learned Judicial Magistrate First Class, Titabar. 3. The FIR, in connection with which the petitioner is apprehending arrest was lodged on 12.06.2026 by the Secretary of Lakshmi Narayan Mandir, Mariani stating inter alia that on the previous night, i.e. on 11.06.2026 some thieves had entered the Mandir and stolen various items of jewellery along with cash amounting to Rs.8,50,000/-. 4. The learned counsel appearing for the petitioner submits that during the course of investigation, the Investigating Officer had arrested several offenders and that although the petitioner's name did not surface during the investigation the petitioner apprehends arrest in view of the fact that the charge sheet states that the other offenders involved in the theft had sold the stolen jewellery to the owner of J.K. Jewellery and that the petitioner is the owner of the said jewellery shop. He further submits that the charge sheet also records that if any other co- accused is arrested or found to be involved in the offence such person would be forwarded before the learned Court. The learned counsel submits that being the owner of the said jewellery shop the petitioner apprehends arrest in connection with the said case. 5. Ms. S.H. Borah, learned APP on the other hand submits that there is no reasonable apprehension of arrest on the part of the petitioner as his name is also not reflected in the charge sheet. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that the charge sheet states that the stolen articles were sold at the shop of the petitioner without however making any allegation that the petitioner was involved in the commission of the offence, this Page No.# 3/3 Court is of the view that the petitioner deserves to be enlarged on pre-arrest bail. Accordingly, the petitioner is hereby enlarged on pre-arrest bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) with one local surety of the like amount to the satisfaction of the learned SDJM, Titabar subject to the following conditions: (i) The petitioner shall positively appear before the Investigating Officer within a period of 15 days from today and corporate with the investigation without any failure, (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 his residence without prior permission of the Investigating Officer. 7. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant