Disposed¶29

Amarjyoti Alias Bhrigu Barman and Anr. v. the State of Assam

Pre-Arrest Bail – Theft of motorcycle (Sections 303(2) BNS, 2023)

Gauhati HC25 Aug 2025AB/1577/2025

Download

Case brief

AI extract

What is this about?

Gauhati High Court, AB/1577/2025, order dated 26.08.2025 by Justice Shamima Jahan: anticipatory (pre-arrest) bail granted to Amarjyoti alias Bhrigu Barman and Afjal Ali in Hajo Police Station Case No. 231/2025 under Sections 303(2) BNS 2023 (motorcycle theft); petitioners named only in co-accused Dilnur Ali's statement (mortgage of motorcycle); bail bond Rs. 20,000/- each, one local surety; conditions on evidence tampering, cooperation with IO within 7 days, and travel restrictions.

What did the court decide?

Pre-arrest bail granted to both petitioners on furnishing bail bond of Rs. 20,000/- each with one local surety each of like amount, subject to conditions; the Anticipatory Bail Application stands disposed of. ¶29

Amarjyoti Alias Bhrigu Barman and Anr. Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010149382025

2025:GAU-AS:11494

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : AB/1577/2025

¶6

AMARJYOTI ALIAS BHRIGU BARMAN AND ANR SON OF GOLAK CHANDRA BARMAN, R/O VILL- ROUMARI P.O. ROUMARI, P.S. SUALKUCHI DIST. KAMRUP, ASSAM PIN-781104 PH. NO. 8099938517

¶7

2: AFJAL ALI SON OF AJIR RAHMAN R/O VILL- ROUMARI P.O. ROUMARI DIST. KAMRUP ASSAM PIN-781104 PH.NO. 97072-98848/940181825

¶8

VERSUS

¶9

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

¶10

Advocate for the Petitioner : SIRAJ CHOUDHURY, PANKAJ DAS,MR. SANU HUSSAIN,MS. S SULTANA,A KUNDU

¶11

Advocate for the Respondent : PP, ASSAM,

¶12

Page No.# 2/3

¶13

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

¶14

ORDER

¶15

26.08.2025

¶16

Heard Mr. Pankaj Das, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent.

¶17

2. By this application, the petitioners have prayed for pre-arrest bail in connection with Hajo Police Station Case No. 231/2025 registered under Sections 303(2) BNS, 2023.

¶18

3. The FIR dated 07.06.2025 reveals that the Motor Cycle of the informant, which was parked in the parking area, was stolen by some miscreants and the same was reported to the Police Station.

¶19

4. During the period of investigation, the said Motor Cycle was found from the possession of one Dilnur Ali on 10.06.2025 when the said accused person was refueling at the Energy Station of Agyathuri. The accused person was arrested later on and during the interrogation of the said accused person namely Dilnur Ali, the name of the present two petitioners surfaced.

¶20

5. Mr. Pankaj Das, learned counsel for the petitioners submits that the petitioners have no connection whatsoever with the offence in question and that they were implicated in the same only on suspicion.

¶21

6. On the other hand, Mr. D.P. Goswami, learned Add. Public Prosecutor for the State respondent on perusal of the Case Diary submits that the said accused person, Sh. Dilnur Ali had given his statement, wherein he had stated that it were the petitioners who had given him the Motor Cycle on mortgage.

¶22

Page No.# 3/3

¶23

7. I have heard the learned counsels for the parties and have gone through the records.

¶24

8. A bare perusal of the FIR reveals that the Motor Cycle was stolen from the parking area on 07.06.2025 and that the accused person, namely Sh. Dilnur Ali was found in possession of the same on 10.06.2025 and pursuant thereof, Sh. Dilnur Ali was arrested. The petitioners were however named by Sh. Dilnur Ali in his statement before the Investigating Officer as mentioned above. Apart from that, there is no material showing the petitioners being offenders in the present case.

¶25

9. As such, this Court finds it fit to release the petitioners on pre-arrest bail on furnishing bail bond of Rs. 20,000/- each with 1 local surety each of like amount to the satisfaction of the arresting authority under the following conditions:-

¶26

They will not temper with the evidence or influence any other witnesses.

¶27

They will co-operate with the investigation and to appear before the Investigating Officer within 7 days from today.

¶28

They will not leave the place of residence without the permission of the arresting authority.

¶29

10. Accordingly, the Anticipatory Bail Application stands disposed of.

¶30

JUDGE

¶31

Comparing Assistant

Amarjyoti Alias Bhrigu Barman and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Amarjyoti Alias Bhrigu Barman and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Tarikat Ali Alias Tarikaddin Vs the State of Assam and Anr.

Ikramul Hussain Vs Rajkumar Patel and Anr.

Ikramul Hussain Vs Rahul Kumar Patel and Anr.

Icha Ali Vs the State of Assam

Hanif Ali and 2 Ors. Vs the State of Assam

Jashim Ahmed Alias Jashim Uddin and 4 Ors. Vs the State of Assam