Page No.# 1/4 GAHC010035502026 2026:GAU-AS:2693 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./520/2026 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 -781126 2: SAIFUDDIN ALI S/O AMIR ALI RESIDENT OF VILL - NAPARA PAM P.S. - SIALMARI DIST. - NALBARI ASSAM PIN - 781126. 3: JURAN ALI S/O LT. BAHER ALI RESIDENT OF VILLTAPABORI P.S. - HAJO DIST. - KAMRUP ASSAM PIN -781102. 4: ASAR ALI S/O JAMALUDDIN RESIDENT VILLTAPABORI P.S. - HAJO DIST. - KAMRUP ASSAM PIN -781102 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Page No.# 2/4 Advocate for the Petitioner : MS. S NAZNEEN, MR. K M HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-02-2026 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 filed under Section 483 of the 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)/317(4) BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Ms. Nazneen, learned counsel that the present petitioners are innocent and they all are arrested only on suspicion and no recovery has been made from their possession except some screw driver etc. 5. She further submitted that they were arrested on 25.01.2026 and thus, they are in custody for last 29 days. Further she submitted that all the stolen articles have already been recovered and hence, further custodial interrogation/detention of the present petitioners may not be required. 6. She further submitted that the petitioners will extend their cooperation in the further investigation of the case, if they are granted with the privilege of Page No.# 3/4 bail. 7. Mr. Sarma, learned APP submitted in this regard that these are the main culprit who committed the theft/burglary in the house of the informant and from the statement made by the witnesses as well as other co-accused of the case also, it is seen that after committing the crime they also shared the money amongst themselves and they got Rs.95,000/- each after the commitment of the offence. More so, they have immediately sold the stolen articles to one of the jewelry shop owner. Though there are some recovery of the articles, there are still some articles which are yet to be recovered and that apart, these petitioners are habitual offender who committed this kind of offence and earlier also they got arrested as recorded by police. 8. Mr. Sarma accordingly raised objection and submitted that this bail application of the petitioners may not be considered at this stage for the purpose of investigation of the case. 9. Heard the submissions made by the learned counsel for both sides and I have also perused the case diary and from the forwarding report itself, it is seen that these are the petitioners who led police for recovery of some of the items from one of the co-accused, Saifuddin Ahmed, to whom they sold the entire property and further from the forwarding report of some of the co-accused person it is also seen that these are the persons who led the police to the house of one of the co-accused Saifuddin Ahmed from where all the theft articles were recovered from the possession of the said co-accused. 10. Further from the other materials available in the case diary also it is seen that these four petitioners are very much involved in the alleged offence of committing theft/burglary in the house of the informant. Page No.# 4/4 11. Considering this aspect of the case vis-à-vis the earlier conduct of the present petitioners, I find that further custodial detention/interrogation of the present petitioner may be required for the purpose of investigation of the case. 12. Accordingly this bail application of the accused/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)/317(4) BNS, 2023 stands rejected. 13. Return the case diary herewith. JUDGE Comparing Assistant