Page No.# 1/3 GAHC010152272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2061/2026 HAZARAT ALI AND ANR S/O. LATE NIYAT ALI 2: RASHIDUL ISLAM S/O. HAZRAT ALI BOTH ARE RESIDENT OF R/O. VILLAGE BALAIPATHAR P.S. KALGACHIA DISTRICT BARPETA ASS VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR N AHMED, MS. S DEVI,MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.07.2026 Heard Mr. B. Chowdhury, learned Counsel for the petitioners and Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this application, the petitioners has prayed for bail in connection with Patacharkuchi P.S. Case No. 100/2026 under Section 305/331(3) of the BNS, 2023. 3. It is stated in the FIR dated 07.07.2026, that some unknown miscreants had stolen various articles from Shri Shri Madan Mohon Gokhai Than on the night on 07.07.2026. It was also stated that when the Naamghoriya of the Satra entered the Naamghar on the next day i.e. on 08.07.2026, he found various items being stolen there from and an information was given to the Police Station. The police registered the case as mentioned above and during investigation, the police had recovered and seized the articles from various places, one of them being the shop of the petitioners. 4. The learned Counsel for the petitioners submits that petitioner no.2 had a trade license for running his shop known as "Bhai Bhai Bashonalaya", wherein his father i.e. the petitioner no.1 also seats. The learned Counsel submits that the petitioners had purchased the articles without knowing the fact that those were stolen articles. He submits that four numbers of broken damaged sorai stand of different sizes, one medium size brass metal dish and one pressure cooker were seized from the possession of the petitioners. He further submits that petitioners had no knowledge that those articles were stolen articles. 5. On the other hand, Mr. D.P. Goswami, learned Additional Public Prosecutor for the State submits that the Case Diary of the instant case would make the things clear and show the complicity of the petitioners and others in the aforesaid offences. Page No.# 3/3 6. On consideration of the submissions made by the parties, more so, in view of the fact that only broken and damaged articles of different sizes were seized from the possession of the petitioners along with one medium size dish as well as one pressure cooker from the petitioners, who had a shop involved in selling and purchase of articles, this Court finds it fit to release the petitioners on bail on furnishing of bail bond of Rs. 20,000/- each with one local surety each of the like amount to the satisfaction of CJM, Bajali under the following conditions: i) the petitioners will appear before the Investigating Officer as and when call for. ii) the petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioners will not leave the place of jurisdiction without the permission of the said Court i.e. CJM, Bajali. 7. Petition is disposed of. JUDGE Comparing Assistant