Page No.# 1/3 GAHC010100732026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1120/2026 RAFIQUL ISLAM SON OF ABDUL AZIZ A RESIDENT OF VILL-P.O. AND P.S.-LAHARIGHAT, IN THE DISTRICT OF MORIGAON, ASSAM, PIN-782127 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T K BHUYAN, MR. C TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.06.2026 Heard Mr. T. K. Bhuyan, the learned counsel appearing for the accused/applicant. Also heard Mr. B. Sarmah, the learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/applicant, namely, Rafiqul Islam in connection with Laharighat P.S. Case No.41/2026 registered under Sections 305(A)/331(4)/317(4)/3(5) of BNS, 2023. Page No.# 2/3 3. The gist of the case as narrated in the FIR dated 11.04.2026 is that the accused/applicant along with two other persons had stolen 4 Nos. of ceiling fans and one mike battery from Ayesha Jame Masjid, South Chenimari and stored them in the house of the accused No.1, i.e. the accused/applicant. On the basis of the aforesaid FIR, an investigation was conducted and during the investigation, the stolen articles have been recovered from the house of accused No.2, i.e. Muktajul Islam. 4. The learned counsel appearing for the accused/applicant submits that the stolen goods have already been recovered and investigation has already been completed, therefore, custodial interrogation of the accused/applicant may not be required in the instant case. The learned counsel for the accused/applicant, therefore, prays for granting pre-arrest bail to the accused/applicant in the instant case. 5. Mr. B. Sarmah, the learned Additional Public Prosecutor for the State, on the other hand, submits that investigation is yet to be completed in the instant case, and therefore, opposes the pre-arrest bail at this stage. 6. Having gone through the materials of the case diary, and after hearing the submissions of the learned counsel appearing for the respective parties, this Court is of the considered opinion that the custodial detention of the accused/applicant in the instant case may not be necessary. Page No.# 3/3 7. In view of the aforesaid, it is directed that in the event of arrest of the accused/applicant by the Arresting Authority in connection with Laharighat P.S. Case No.41/2026, the accused/applicant shall be released on bail on furnishing of a bail bond of Rs.30,000/- (Rupees thirty thousand) only with a surety of like amount to the satisfaction of the arresting authority subject to the conditions that:- (i) The accused/applicant shall present himself before the Investigating Authority within a period of 10 days of passing of the instant order. (ii) The accused/applicant shall cooperate with the investigation and make himself available before the Investigating Authority as and when called for. (iii) The accused/applicant shall not directly or indirectly make any inducement, threat or promise to any person(s) acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Investigating Authority or any other police officer. 8. In terms of the aforesaid direction, the instant bail application stands disposed of. JUDGE Comparing Assistant