Page No.# 1/3 GAHC010143672026 2026:GAU-AS:9697 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1574/2026 AMZAD HUSSAIN S/O HABIBUR RAHMAN R/O DARANGIPARA,P.S. MUKALMUA,DISTRICT NALBARI, ASSAM,PIN 781126. VERSUS THE UNION OF INDIA REPRESENTED BY N.F. RAILWAY TO BE REPRESENTED BY THE LEARNED STANDING COUNSEL, RAILWAY. Advocate for the Petitioner : MR. A MANNAF, MS P KAKATI,MR A K AHMED Advocate for the Respondent : SC, RAILWAY, BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA O R D E R 16.07.2026 Heard Mr. A. Mannaf, learned counsel appearing for the accused applicant. Also heard Mr. K.K. Parasar, learned CGC for the respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting anticipatory bail to the accused applicant, namely, Amzad Hussain, in connection with RPF/Post/KYQ Case No.12/2026 under Section Page No.# 2/3 3(a) of the Railway Property (Unlawful Possession) Act, 1966, read with Section 147 of the Railways Act, 1989. 3. The instant anticipatory bail application has been filed in connection with RPF/Post/KYQ Case No.12/2026 under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966, read with Section 147 of the Railways Act, 1989 arising out of an Ejahar lodged by the informant before the Inspector, RPF, Kamakhya, N.F. Railway. The allegation as mentioned in the Ejahar is inter-alia, that during the night hours of 18th and 19th May, 2026, some miscreants by using a Tata Intra vehicle entered an open type godown used for stocking of cables and they stole various types of cables. During such stealing, some of the miscreants along with the driver of the vehicle were caught red handed by the railway staff. 4. Learned counsel for the accused applicant submits that the accused applicant is nowhere linked with the offence as alleged in the Ejahar as the stolen goods were in fact sold to one R.P Traders, who is a tenant of the accused applicant. He submits that the place has been rented to the R.P Traders and he has been receiving rent from the aforesaid R.P Traders on regular basis. He submits that as far as the allegation is concerned, there is no specific allegation against the accused applicant and he is nowhere linked with any kind of purchase of the stolen railway goods. He submits that he will fully cooperate with the investigation in the event his prayer for anticipatory bail is allowed. 5. Mr. K.K. Parasar, learned CGC on the other hand, opposes the prayer for anticipatory bail at this stage. 6. Taking into account the submission made by the learned counsel for Page No.# 3/3 the accused applicant that all the accused persons named in the Ejahar have already been granted bail and the accused applicant is only the owner of the rented premises, wherein the stolen goods were recovered, this Court is of the considered opinion that the accused applicant should be granted pre-arrest bail. 7. Accordingly, it is directed that in the event of arrest of the accused applicant in connection with RPF/Post/KYQ Case No.12/2026 by the police, he shall be released on bail on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with a surety of like nature to the satisfaction of the Railway Police Force, Kamakhya, subject to the following conditions:- (i) The accused applicant shall appear before the RPF within a period of 10(ten) days from today; (ii) The accused applicant shall fully co-operate with the investigation and appear before the RPF as and when called for; (iii) The accused applicant shall not hamper or temper with the investigation of this case. 8. In terms of the aforesaid direction, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant