Page No.# 1/2 GAHC010019672026 2026:GAU-AS:1466 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./305/2026 MAFIAR HUSSAIN S/O TAIBAR RAHMAN R/O VILL- BIDYAPUR,P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM PIN-783372. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MS S ABDULLAH,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2026 1. Heard Mr. S. M. Abdullah P, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, Mafiar Hussain has prayed for releasing him on bail in respect of Kokrajhar P.S. Case No.269/2025 under Sections 305/324(4)/331(4) BNS read with Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984. Page No.# 2/2 3. It is alleged in the FIR that on 05.12.2025, some persons attempted to break open the ATM machine of Bank of India. From the petitioner, some articles which were used to break open the ATM were seized. 4. Learned counsel for the petitioner has submitted that the statutory period of detention in this offence is 60 days and the petitioner have already spent 57 days in judicial custody. According to the learned counsel for the petitioner, the period of detention already undergone by him in custody should be taken under a ground for releasing him on bail. 5. I have considered the submissions made by the learned counsel for both sides. 6. The thieves could not take away any money from the ATM. Therefore, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 7. Therefore, the bail application of the petitioner is allowed. 8. The petitioner Mafiar Hussain, who was arrested in connection with Kokrajhar P.S. Case No.269/2025 shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar. 9. With the aforesaid direction, this bail application stands disposed of. JUDGE Comparing Assistant