Page No.# 1/4 GAHC010024872026 2026:GAU-AS:2591 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./423/2026 SRI PRAGYAN NARZARY S/O JOY RAM BARO R/O VILLAGE KHAS RANTHALI P.S. KALAIGAON DISTRICT - UDALGURI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. U J SAIKIA, K BARO Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 20-02-2026 Heard Mr. U. J. Saikia, learned counsel for the petitioner and Mr. K. K. Das, 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/petitioner, namely, Sri Pragyan Narzary, who was Page No.# 2/4 arrested in connection with Bongaigaon P.S. Case No. 303/2025 under Sections 331(4)/305(a) BNS, 2023. 3. It is submitted by Mr. Das, learned Addl. PP submitted that the case diary is not received and no intimation was also received from the concerned I.O. 4. Mr. Saikia, learned counsel for the petitioner submitted in this regard that the petitioner is in custody since last 76 days and from the seizure list as well as from the forwarding report, it is seen that all the stolen articles etc., were recovered by the I.O. from the house of Sanjay Das, the co-accused of the case. 5. He further submitted that the petitioner is only a Rapido driver but it is a fact that sometime he used to bring the co-accused Sanjay Das, whom he knew as a police officer. Mr. Saikia, further submitted that some police uniforms and other articles were also recovered from the co-accused Sanjay Das, who is the main culprit of the present case. But as the petitioner had some telephonic conversation with the co-accused Sanjay Das, he got arrested in connection with this case and since last 76 days he is in custody. So considering his period of detention, he may be released on bail. Apart from that he was police custody for about 5 days and thus, there is nothing to interrogate with the accused petitioner further. 6. Mr. Das, learned APP raised objection and submitted that it is a case wherein the theft was committed by wearing police uniform and some live ammunitions were also recovered during the investigation. He further submitted that from the forwarding report it is seen that the present petitioner had talked with the co-accused Sanjay Das and cooperated him in fleeing away from the scene. Mr. Das accordingly raised objection and submitted that the case diary may be called for to know the actual fact of the case. Page No.# 3/4 7. Heard the submissions made by the learned counsel for both sides and I have also perused the case record and the annexures filed along with the petition including the forwarding report etc. However, without going into the other merit of the case, it is seen that after police remand for 5 days, the present petitioner never been interrogated by police and the I.O. also got sufficient opportunity to interrogate him, keeping him in custody as he is in custody since 76 days. 8. So considering only this aspect of the case, I find that further custodial interrogation of the petitioner may not be required for the purpose of investigation of the case and hence, I find it a fit case to extend the privilege of bail to the petitioner. 9. Accordingly, the accused/petitioner, namely, Sri Pragyan Narzary, be released on bail in connection with Bongaigaon P.S. Case No. 303/2025 under Sections 331(4)/305(a) BNS, 2023, on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon, subject to the following conditions:- (i) that the petitioner 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 petitioner 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. Page No.# 4/4 10. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant