Disposed¶26

Majibul Haque v. the State of Assam

Gauhati HC3 Sept 2025AB/1809/2025

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail granted; BNS 2023 S.303(2)/316(3); Azara PS Case No. 87/2025; FIR 01.06.2025; hijacking of truck carrying 1500 cartons of oil pouches; petitioner's name surfaced only via co-accused; bail bond Rs. 20,000 with one local surety; conditions incl. reporting to IO within 7 days; Justice Shamima Jahan; Gauhati High Court; AB/1809/2025; Majibul Haque v. State of Assam; order dated 04.09.2025.

What did the court decide?

Pre-arrest bail granted on furnishing bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the arresting authority, subject to three conditions (appearance before the Investigating Officer within 7 days and availability for interrogation; no tampering with evidence or influencing witnesses; no leaving residence without prior permission of the arresting authority).

Majibul Haque Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the petitioner in connection with Azara Police Station Case No. 87/2025, registered under Section 303(2)/316(3) of the BNS, 2023.

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Ratio / Principle

Considering the submissions at the bar, and particularly because the petitioner's name was only taken by the co-accused of the said offence, this Court deemed it fit that the petitioner may be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of the arresting authority.

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Key takeaways

The pre-arrest release is subject to conditions: the petitioner shall appear before the Investigating Officer within 7 (seven) days and make himself available for interrogation as and when called; shall not tamper with evidence or influence witnesses; and shall not leave his place of residence without prior permission of the arresting authority.ratio¶23

Detailed headnote1 paragraphs

Gauhati High Court (Mrs. Justice Shamima Jahan, single bench), order dated 04.09.2025 disposing of Anticipatory Bail Application AB/1809/2025 filed by Majibul Haque seeking pre-arrest bail in connection with Azara Police Station Case No. 87/2025, registered under Section 303(2)/316(3) of the BNS, 2023. The case arose from an FIR dated 01.06.2025 concerning a truck carrying 1500 cartons of oil pouches from Azara Yard towards Barpeta Road that did not reach its destination. During interrogation of arrested accused persons the petitioner's name surfaced; the Addl. Public Prosecutor, on perusal of the case diary, reported that a co-accused had named the petitioner as involved in hijacking the truck and selling the oil pouches, and that materials had been collected against him. Holding that the petitioner's name was only taken by the co-accused, the Court granted pre-arrest bail on a bail bond of Rs. 20,000/- with one local surety of like amount, subject to conditions requiring appearance before the Investigating Officer within seven days, availability for interrogation, abstention from tampering with evidence or influencing witnesses, and no departure from residence without prior permission of the arresting authority.

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GAHC010161722025

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

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Case No. : AB/1809/2025

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MAJIBUL HAQUE SON OF AKBAR ALI RESIDENT OF VILL- KHOPNIKUCHI, NEAR KHOPNIKUCHI JAME MASJID, P.S. HAJO, KAMRUP, ASSAM-781102, CONTACT NO. 9101205836

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S SAHU, MR. T BHARALI

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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04.09.2025

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Heard Mr. T. Bharali, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent.

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2. By this application, the petitioner has prayed for pre-arrest bail in

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connection with Azara Police Station Case No. 87/2025 registered under Section 303(2)/316(3) of the BNS, 2023.

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3. The FIR dated 01.06.2025 reveals that a Truck carrying 1500 cartons of oil pouches from Azara Yard towards Barpeta Road did not reach the intended destination and the informant tried to call up the owner as well as the driver but he found the phones of the respective persons switched off and as such, lodged the ejahar. During investigation, the Police had arrested few accused persons and during interrogation of the arrested accused persons, the name of the petitioner surfaced.

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4. Mr. T. Bharali, learned counsel for the petitioner submits that the petitioner has no connection with the instant case and that the Police had called him once in connection with the said offence and as such, he apprehends his arrest and has filed the instant application.

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5. Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent however on perusal of the Case Diary submits that the co-accused has named the petitioner that he is involved in hijacking the Truck and taking it to a different place from where he and others had sold the oil pouches to various shop keepers. He also submits that the Investigating Officer has also collected materials against the present petitioner.

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6. On considering the submissions made by the learned counsels at the bar and moreso, due to the fact that the name of the petitioner was only taken by the co-accused of the said offence, this Court deems it fit that the petitioner may be released on pre-arrest bail on furnishing bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the arresting authority under the following conditions:-

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The petitioner will appear before the Investigating Officer within 7 (seven) days from today and will make himself available for interrogation as and when called for.

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

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The petitioner will not leave his place of residence without prior permission of the arresting authority.

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

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JUDGE

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Comparing Assistant

Majibul Haque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Majibul Haque 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

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