Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010040802026
2026:GAU-AS:3044
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./581/2026 MAFIAR HUSSAIN S/O TAIBAR RAHMAN R/OVILL- BIDYAPUR, P.S. BONGAON, DIST. BONGAIGAON, ASSAM, PIN-783372 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. A E HUSSAIN,MR. S HAQUE,MS S ABDULLAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 27.02.2026 Heard Mr. S.M. Abdullah P, learned counsel for the accused/ applicant. Also heard Mr. R.J. Baruah, learned APP for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/applicant in connection with Kokrajhar P.S. Case
Page No.# 2/3 No.273/2025 under Sections 305/324(4)/331(4) BNS read with Section 3(2)(e) Prevention of Damage to Public Property Act, 1984. 3. An FIR was lodged on 05.12.2025 by the Chief Manager of the State Bank of India, Kokrajhar Branch, alleging that certain miscreants had broken the CCTV camera and the door of the ATM, both located at Patharghat near Kali Mandir, Kokrajhar. On receipt of the FIR, the police registered Kokrajhar P.S. Case No. 273/2025 under the aforementioned Sections. Following investigation, the police arrested the accused/applicant. Upon being forwarded to the Court of the Chief Judicial Magistrate (CJM), Kokrajhar, he was remanded to judicial custody and has been in jail for the past 10 days. 4. The learned counsel for the accused/applicant submits that the accused/applicant is in no way connected with the alleged offence. He further submits that the accused/applicant was earlier arrested on suspicion in a similar case of vandalism, in which he had already been granted bail by a co-ordinate bench of this Court vide order dated 05.02.2026. He contends that immediately after his release on bail, the accused/applicant was arrested again on 18.02.2026 in connection with the instant case. The learned counsel submits that the present arrest is based solely on suspicion arising from his involvement in the earlier case, and therefore, the Court should consider granting him bail. 5. The learned APP for the State, on the other hand, opposes the bail application and requests that the case diary in the instant case be called for.
After hearing the parties and perusal of the materials placed before this Court, this Court is of the considered opinion to grant bail to the accused/applicant. 6. Accordingly, the accused/applicant shall be released on bail upon executing a bail bond of Rs. 20,000/- with one surety of the like amount, to the satisfaction of the learned CJM, Kokrajhar, subject to the following conditions:
Page No.# 3/3 (i) The accused/applicant shall appear before the Investigating Authority as and when required and shall fully cooperate with the investigation; (ii) The accused/applicant shall not in any manner hamper, obstruct, or tamper with the evidence, witnesses, or the investigation of the case;
7. Accordingly, the bail application is disposed of as allowed. JUDGE Comparing Assistant