Page No.# 1/2 GAHC010129822026 2026:GAU-AS:9078 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1710/2026 DHANESWAR DAS AND ANR S/O LATE MANIK DAS, R/O PITAMBAR HAT BAJALI, P.S. RANGIA, DISTRICT KAMRUP, ASSAM. 2: KAMLESWAR DEKA S/O LATE SUREN DEKA R/O NO. 4 GOSAIN GAON P.S. GORESWAR DISTRICT KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. I U CHOWDHURY, S NAZNIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.06.2026 Heard Mr. I.U. Chowdhury, learned counsel for the petitioners. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor appearing for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for release of the petitioners Page No.# 2/2 namely 1. Dhaneswar Das and 2. Kamleswar Deka, on bail in connection with Sarthebari P.S. Case No.41/2026 under Section 310(4) of the BNS. 3. Allegation against the present petitioners is that they in conspiracy with other co-accused persons had made preparations to commit dacoity on the house of the parents of the informant. 4. The petitioners were arrested on 29.05.2026 and forwarded on the next date and since then they have been behind the bars. 5. The case diary as called for has been received. 6. It appears that the petitioners are not the FIR named accused and they have been arrested on the basis of the statement of the co-accused which cannot be considered for denial of bail. 7. It appears from the case diary that no materials in the form of any weapons etc. were recovered, which would indicate preparation for committing dacoity and other than the own statements of the accused persons, there appears to be no sufficient material pointing towards any steps taken by the petitioner towards commission of the alleged offence. 8. Having regard to the above and the period of detention undergone by the petitioner, further detention of the petitioners is not considered necessary. Accordingly, the prayer for bail of the petitioner is allowed. 9. The petitioners named above shall be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) each with two sureties each of the like amount to the satisfaction of Elaka Magistrate in connection with the aforesaid case. Bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant