Page No.# 1/4 GAHC010083212026 2026:GAU-AS:7204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/871/2026 SAHAB UDDIN AND ANR S/O ALA UDDIN, PERMANENT R/O VILL DOBOKA PATHER, PO AND PS DOBOKA, DIST HOJAI, ASSAM, PIN 782440 2: RIBUL AHMED ALIAS RIBUL HUSSAIN MAZUMDAR S/O ABDUL ROUF PERMANENT R/O VILL DOBOKA PATHER PO AND PS DOBOKA DIST HOJAI ASSAM PIN 78244 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : TAWHID LASKAR, MR. D K AGARWALA,MS. S NISHA SULTANA,ASHRAFUL BORBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.05.2026 Heard Mr. T Laskar, learned counsel for the petitioners. Also heard Mr. KK Page No.# 2/4 Parasar, learned Additional Public Prosecutor, Assam for the State respondents. 2] The petitioners, namely, Sahab Uddin and Ribul Ahmed @ Ribul Hussain Mazumdar have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Doboka Police Station Case No.38/2026 registered under Sections 126(2)/3(5)/303(2)/319(2) of the Bharatiya Naya Sanhita, 2023. 3] The allegation against the petitioners is that while the informant was passing through the Doboka Toll Gate on the Tata mobile pick-up truck bearing the registration No. NL-07A-9194, the petitioners stopped them and, identifying themselves as election agents, conducted search and snatched away Rs. 5,50,000/- (Rupees Five Lakhs Fifty Thousand) only cash from his jacket pocket. 4] It is submitted by the learned counsel for the petitioner that the petitioner no.1 is an employee at the Doboka Toll Gate and his I-card is annexed along with the petition marked as Annexure 17, whereas the petitioner no.2 is the cousin of the petitioner no.1. It is submitted that when the vehicle went past the said Toll Gate, the petitioner no.2 as labourer tried to stop the informant’s car under the command of his senior as the informant tried to proceed without paying the Toll Taxes. 5] Mr. KK Parasar, learned Additional Public Prosecutor, Assam has raised serious objections stating that there are incriminating materials in the case diary Page No.# 3/4 against the petitioners. If the petitioner no. 1 is an employee, what was the petitioner no. 2 doing at the Doboka Toll Gate. It is further submitted that both the petitioners have been implicated by the witnesses whose statements have been recorded under Section 180 Bharatiya Nagarik Suraksha Sanhita, 2023. 6] I have considered the submissions that the petitioners are willing to cooperate with the remaining part of the investigation. I have also scrutinised the case diary. Indeed, there are incriminating materials in the case diary against the petitioners, I have considered the progress of the investigation. It appears that custodial interrogation may not be required at this stage. The petitioners are local residents and they are not at flight risks. 7] Considering the entire aspect of the matter, the prayer of an anticipatory bail is allowed. In the event of arrest of the petitioners, namely, Sahab Uddin and Ribul Ahmed @ Ribul Hussain Mazumdar, they shall be enlarged on bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the Arresting Authority under the conditions that :- (i) both the petitioners shall appear before the Investigating Officer (IO) within one week and cooperate with the investigation, (ii) the petitioners shall appear before the Investigating Officer (IO) on every fortnight till completion of the investigation, Page No.# 4/4 (iii) the petitioners shall refrain from such activities with which they are alleged and, (iv) the petitioners shall not leave the jurisdiction of the court without prior permission. On breach of any of the bail conditions, bail orders shall automatically stand cancelled. 8] With the above observations and directions, the Anticipatory Bail Application stands disposed of. Send back the case diary. JUDGE Comparing Assistant