Page No.# 1/3 GAHC010096512026 2026:GAU-AS:7551 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1032/2026 TONBIR HUSSAIN SON OF MD. JOYNAL ABEDIN R/O SALMARA P.S. KAMPUR, NAGAON. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01.06.2026 1. Heard learned Counsel Mr. M.H.Ahmed for the petitioner Tonbir Hussain who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with Kampur PS Case No. 45/2026 under Sections 126(2)/132/303(2)/3(5) of the BNS r/w Section 135 of the Electricity Act. Page No.# 2/3 2. Learned Addl.Public Prosecutor Mr.P.Borthakur is present for the State respondent and has raised serious objection stating that there are incriminating materials in the case diary against the petitioner. The business enclosures attached to the petitioner’s house have been using domestic power supply for business purposes. The petitioner has been involved in theft of electricity and he was aggressive by nature as he tried to attack the officials of the APDCL, Kampur. 3. I have considered the submissions at the bar with circumspection. 4. I have also considered the submission that the petitioner’s other family members who were alleged with the similar type of offences have already been enlarged on bail. I have also scrutinized the case diary. Indeed, there are incriminating materials in the case diary against the petitioner. However, at this juncture, it appears that custodial interrogation may not be required as investigation has progressed to a certain extent. The petitioner has also pledged to co-operate with the remaining part of the investigation. 5. Considering all aspects, the prayer for pre-arrest bail of the petitioner is allowed. 6. Accordingly, in the event of arrest of the petitioner named above, he shall be released on pre-arrest bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) The petitioner shall appear before the I.O. within one week from today and shall co-operate with the investigation, Page No.# 3/3 ii) The petitioner shall refrain from such activities of which he is alleged and iii) The petitioner shall appear before the I.O. till completion of the investigation. 7. 7. On breach of the above condition, pre-arrest bail order shall automatically stand cancelled. 8. Send back the Case Dairy. 9. In terms of above, the pre-arrest bail application stands disposed of. JUDGE Comparing Assistant