Page No.# 1/4 GAHC010206022026 2026:GAU-AS:14676 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2870/2026 BINUD GOGOI S/O- SHRI CHANDRA GOGOI, VILL- BARUAH PUKHURI KONWAR GAON, PO- BAGHJAN GRANT, P.S- HALWATING, DIST- SIVASAGAR, ASSAM, PIN 785681 VERSUS THE STATE OF ASSAM REPRESENTED BY P.P. OF ASSAM Advocate for the Petitioner : MR. C BORUAH, MR A BORUAH,MR. R BORO Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.10.2026 Heard Mr. C. Boruah, learned counsel for the accused applicant and Mr. K. K. Das, learned Addl. PP for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the accused applicant in connection Halwating P.S. Page No.# 2/4 Case No.15/2026 registered under Section 25 (1) (a) of Arms Act, 1959. 3. The prosecution case in brief, is that, an FIR was lodged on 07.08.2026 to the effect that on 06.08.2026 at about 9.20 PM, reliable source information was received to the effect that illegal arms were being transported in Maruti Fronx vehicle bearing registration No. AS-04AG-2726 from Nagaland towards Amguri via Halwating for the purpose of sale. Upon receipt of the information at about 10.30 PM, the suspected vehicle coming from Nagaland side towards Amguri via Halwating was intercepted at the naka point and upon search, one pistol bearing Serial No. 0101 was recovered underneath the driver’s seat of the vehicle. It is alleged that during the search, a pistol was found in a loaded condition with one (01) live 7.65 mm ammunition chambered and one (01) live 7.65 mm ammunition loaded in the magazine. Immediately, the driver of the vehicle i.e. the accused applicant was apprehended and since then for the last 56 days, he has been behind the bars. 4. On the basis of the FIR, the Police registered the Halwating P.S. Case No. 15/2026 under the aforementioned sections. 5. The learned counsel appearing for the accused applicant submits that the accused applicant has already spent 56 days behind the bar and the vehicle which was seized by the Police has already been given on zimma. He submits that further detention of the accused applicant may not be required for the purpose of the investigation in the instant case. 6. The learned Addl. PP, on the other hand, opposes the bail prayer of the accused applicant. He submits that there are other persons involved in Page No.# 3/4 the instant case and the Police is still investigating the matter. Therefore, at this stage, the bail prayer of the accused applicant should not be granted. 8. This Court has gone through the Case Diary that has been received and also heard the submissions made by the learned counsel appearing for the parties. 9. Taking into account the fact that the accused applicant is already behind the bar for the last 56 days and the Police has substantially progressed in the investigation as can be seen from the order dated 23.09.2026, wherein, zimma of the vehicle was allowed to the accused applicant. A copy of the order dated 23.09.2026 passed by the SDJM (S) Sivasagar is kept on record marking ‘X’. 10. Taking into account the aforesaid, this Court is of the considered opinion that the accused applicant should be granted bail. Accordingly, it is directed that the accused applicant, namely, Binud Gogoi shall be released forthwith from jail on furnishing a bail bond of Rs.50,000/- with a surety of like nature to the satisfaction of the learned Sessions Judge, Sivasagar subject to the following conditions that: (i)the accused applicant shall cooperate with the investigation and shall make himself available as and when required by the investigating officer; (ii) the accused applicant shall submit details of his Aadhar Card, Pan Card, Driving Licence, if any, before the learned Sessions Judge, Sivasagar. 10. In terms of the aforesaid directions, this bail application stands Page No.# 4/4 disposed of, as allowed. JUDGE Talom Tali, Private Secretary