Page No.# 1/3 GAHC010051122026 2026:GAU-AS:3635 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./725/2026 KHOKSHED MIYA ALIAS NEKAI AND 3 ORS. S/O KUDDUSH ALI, RESIDENT OF - VILL -1 NO. KHALIYA MARI, P.S. - MUKALMUA, DIST. - NALBARI, ASSAM, PIN 781335 2: SAIFUDDIN ALI S/O AMIR ALI RESIDENT OF - VILL - NAPARA PAM P.S. - SIALMARI DIST. - NALBARI ASSAM PIN 781335 3: JURAN ALI S/O LT. BAHER ALI RESIDENT OF - VILL - TAPABORI P.S. - HAJO DIST. - KAMRUP ASSAM PIN 781102 4: ASAR ALI S/O JAMALUDDIN RESIDENT OF - VILL - TAPABORI P.S. - HAJO DIST. - KAMRUP ASSAM PIN 78110 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Page No.# 2/3 Advocate for the Petitioner : MS. S NAZNEEN, MS. P DAS,MR. K M HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 12-03-2026 Heard Ms. S. Nazneen, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioners, namely, (i) Khokshed Miya @ Nekai; (ii) Saifuddin Ali; (iii) Juran Ali and (iv)Asar Ali who were arrested in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Ms. Nazneen, learned counsel for the petitioners that the petitioners are innocent and they were falsely implicated in this case. However, all the items have already been recovered from their possession and as such, their further custodial interrogation may not be required. 5. Mr. Sarma, learned Addl. PP submitted in this regard that there are sufficient materials against the petitioners in the case diary which have already been reflected while passing the earlier rejection order by this Court and he stated that the probability of committing same kind of offence in future also cannot be denied at this stage as they are the habitual offender as revealed from the materials available in the case diary. 6. Accordingly, Mr. Sarma submitted that only considering the length of detention, the petitioners cannot be released on bail, who are the habitual offender and had Page No.# 3/3 committed theft/burglary on many occasions. 7. After hearing the submissions made by the learned counsel for the parties, considering the materials in the case diary, the previous criminal antecedents of the present petitioners and the gravity of the offence, I find that further custodial interrogation of the petitioners may be required to unearth some more facts of the case and accordingly, I do not find it a fit case to grant the petitioner the privilege of bail only considering the length of detention. 8. Accordingly, this bail application of the petitioners, namely, (i) Khokshed Miya @ Nekai; (ii) Saifuddin Ali; (iii) Juran Ali and (iv)Asar Ali in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4) of BNS, 2023 stands rejected. 9. This bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant