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2026 DAILYLAW 17394 (GAU)

BISWANATH SAHA ALIAS TONI v. STATE OF ASSAM

Bail Appln./4062/2025 · 2026-01-06

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010279882025 2026:GAU-AS:231 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4062/2025 BISWANATH SAHA ALIAS TONI S/O SOPON SAHA ALIAS SWAPAN KR SAHA, R/O CHAKITUP, PS NAGAON, DIST NAGAON, ASSAM VERSUS STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MR. SURAJIT DAS,A MISHRA,SAMIM RAHMAN,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 07.01.2026 Heard Mr. S. Nawaz, learned Senior Counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. P.P. appearing for the State respondent. Page No.# 2/3 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-petitioner, namely, Biswanath Saha @ Toni, in connection with Jorhat P.S. Case No. 602/2025, registered under Sections 331(4)/305(a) of BNS, 2023. The petitioner is stated to have been arrested on 04.12.2025. 3. The gist of the allegation in the FIR dated 19.11.2025 is that on the previous day unknown miscreant entered the informant's house and stolen gold jewellery worth 30 lakhs and also disconnected CCTV. The present petitioner was arrested during investigation and the main allegation against him stated in the forwarding report is that some of the stolen gold was sold to the petitioner, who owns a jewellery shop and melted gold of 0.113 grams was recovered from him. 4. Mr. S. Nawaz, learned counsel for the petitioner submits that two accused persons against whom, who had allegedly purchased the stolen jewellery from the miscreants and sold it to another person have been granted bail by the learned Addl. Sessions Judge, Jorhat. It is also submitted that the petitioner runs a jewellery shop and he is unaware of any such gold being stolen. Drawing attention to an invoice dated 24.11.2025, it is submitted that the said invoice pertains to purchase of 102.350 grams of gold. 5 The case diary has been received. Investigation stated to have progressed reasonably well. It is submitted by the learned prosecution that investigation has revealed about recovery of some melted gold from the shop of the petitioner. It is also fairly stated by the petitioner that in his statement the petitioner has denied and expressed ignorance about such gold being of stolen nature. Page No.# 3/3 6. Nevertheless, considering various aspects including length of detention and progress of investigation - the present accused is allowed to go on bail of Rs.30,000/- with one surety of the like amount to the satisfaction of the concerned learned Court and subject to the following conditions:- (i) The accused/petitioner shall co-operate with the investigation. (ii) He shall not hamper or tamper with evidence. (iii) He shall not commit any illegal activities or offences. 7. In case of violation of bail conditions, the bail would be liable to be cancelled. 8. Accordingly, this bail application stands allowed and disposed of. 9. Send back the case diary. JUDGE Comparing Assistant