Page No.# 1/4 GAHC010028122026 2026:GAU-AS:2691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./431/2026 FIDDUS ALI AND ANR SON OF ANJU ALI, RESIDENT OF SARABARI, P.O. KHAPENIKUCHI, DISTRICT- KAMRUP, ASSAM. PIN -781102 2: MAHIBUL HAQUE ALIAS MAHIBUL ISLAM SON OF OWAZUDDIN RESIDENT OF KNOWARPUR VTC- KAMARPUR P.O. HAJO SUB-DIST- HAJO DISTRICT- KAMRUP ASSAM PIN 78110 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D TALUKDAR, MS B GOSWAMI,MS P SAIKIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-02-2026 Heard Mr. D. Talukdar, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioners, namely, (i) Fiddus Ali and (ii) Mahibul Haque @ Mahibul Islam, who were arrested in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4)/317(4) BNS, 2023. 3. Case diary received. Perused the same. 4. Mr. Talukdar, learned counsel for the petitioners submitted that the petitioner No.1 is the owner of a jewelry shop, whereas, the petitioner No.2 is the employee of the shop. 5. He further submitted that the petitioners are no way related with the alleged offence, however, they were arrested in connection with this case on 28.01.2026 and since then, they are in custody. 6. Police seized all the items from their jewelry shop and those were not even identified by the informant/complainant, nor, the informant was brought to their shop for any identification. Apart from the jewelry items, some of the documents were also seized by police. 7. He further submitted that they are not associated with the alleged crime, however, they may receive some stolen gold only on bonafide belief. But on the day of arrest itself, they were sent to judicial custody and no prayer for police remand was made by the I.O. at the time of their forwarding. However, they are in Page No.# 3/4 custody since 28.01.2026 and thus, the I.O. got sufficient opportunity to interrogate them, keeping them in custody. Moreover, from the forwarding report of the other co-accused persons, it is seen that all the jewelry items were recovered from the possession of the co-accused person of the case, who alleged to have committed the theft in the house of the informant. 8. However, the petitioners are ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of bail. 9. Mr. Sarma, learned APP raised objection and submitted that submitted that there are sufficient incriminating materials against the present petitioners who are the habitual receiver of the stolen articles and the I.O. also added Section 317(4) of BNS against the petitioners. Several gold items already recovered from the possession of the petitioners and they are associated with the alleged offence and they have received the stolen articles, with the knowledge that those were stolen property. Mr. Sarma accordingly raised objection and submitted that the petitioners bail application may not be considered at this stage as their further custodial detention may be required for the purpose of investigation of the case. 10. Heard the submissions made by the learned counsel for both sides and I have also perused the case diary. It is a fact that there are some recovery of gold ornaments from the shop of the petitioners, but there is no such identification as to whether those stolen articles belong to the informant or they receive those stolen articles from the other co-accused persons, who actually committed the theft in the house of the informant. 11. Considering the submissions made by the learned counsel for both sides, vis- a-viz the length of detention already undergone by the accused petitioners, I find that further custodial interrogation of the petitioners may not be necessary for the interest of investigation of the present case and accordingly, I find it a fit case to Page No.# 4/4 extend the privilege of bail to the present petitioners. 12. Accordingly, the accused/petitioners, namely, (i) Fiddus Ali and (ii) Mahibul Haque @ Mahibul Islam, be released on bail in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4)/317(4) BNS, 2023, on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) each only, with one surety of like amount to the satisfaction of the learned JMFC, Hajo, Kamrup, subject to the following conditions:- (i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 13. With the above observation and direction, this bail application stands disposed of. 14. Return the case diary herewith. JUDGE Comparing Assistant