Sahjahan Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

Sahjahan Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail made absolute in Goalpara Police Station Case No. 139/2024 for Robiul Islam and Sahjahan Ali, subject to full compliance of the terms and conditions of the orders dated 13.12.2024 and 09.01.2025; violation entails automatic vacatur of the bail. Applications disposed of; case diary to be returned.

Issue for consideration

Whether the petitioners are entitled to pre-arrest bail under Section 482 of BNSS, 2023, apprehending arrest in Goalpara Police Station Case No. 139/2024. +1 more

Court's answer

The interim pre-arrest bail granted to Robiul Islam and Sahjahan Ali by the orders dated 13.12.2024 (AB No. 2987/2024) and 09.01.2025 (AB No. 49/2025) is made absolute, subject to full compliance of the terms and conditions specified in those orders.

Ratio / Principle

Considering the materials in the case diary (petitioners appeared before the Investigating Officer, statements recorded, co-operating with investigation, FSL report pending), custodial detention of the petitioners is not warranted to investigate Goalpara Police Station Case No. 139/2024; the pre-arrest bail applications are accepted.

Key takeaways

Violation of any of the terms and conditions specified in the orders dated 13.12.2024 and 09.01.2025 shall result in the pre-arrest bail granted to the petitioners standing automatically vacated.ratio¶29

Detailed headnote1 paragraphs

Pre-arrest bail — S.482 BNSS, 2023 — Gauhati High Court — Petitioners apprehended arrest in Goalpara P.S. Case No.139/2024 (G.R. No.997/2024), registered under Ss.303(2)/318(4)/336(3)/3(5) BNS read with S.23 Petroleum Act, arising out of recovery of 21 drums of suspected (allegedly stolen) petroleum products from truck AS-28C-9878, allegedly sent under forged challans — Interim pre-arrest bail earlier granted by orders dated 13.12.2024 and 09.01.2025; petitioners thereafter appeared before the Investigating Officer, statements recorded and co-operating with investigation; FSL report on the seized materials still awaited — Custodial detention not warranted for investigation — Interim pre-arrest bail made absolute, subject to full compliance of the terms and conditions of the orders dated 13.12.2024 and 09.01.2025; violation entails automatic vacatur — Applications disposed of; case diary returned.

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GAHC010236962024

2025:GAU-AS:2873

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

Case No. : AB/2987/2024

ROBIUL ISLAM S/O LATE MIJANUR RAHMAN R/O KASIMA P.S. LAKHIPUR DIST. GOALPARA, ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN

Advocate for the Respondent : PP, ASSAM,

Linked Case : AB/49/2025

SAHJAHAN ALI S/O ABU SHAMA RESIDENT OF NO. 2 BALADMARI CHAR PS AND DIST GOALPARA ASSAM

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VERSUS

THE STATE OF ASSAM REP BY PP ASSAM

-----------Advocate for : MR. S I TALUKDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

18.03.2025

Heard Ms. F Hussain, learned counsel for the petitioner in AB No. 2987/2024 and Mr. S Munir, learned counsel for the petitioner in AB No. 49/2025. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State.

2. The petitioner of AB No. 2987/2024, namely, Robiul Islam, son of late Mijanur Rahman, resident of village-Kasima, P.S.-Lakhipur, District Goalpara and the petitioner of AB No. 49/2025, namely, Sahjahan Ali, son of Abu Shama, resident of Village-No. 2 Baladmari Char, P.S.-Goalpara, District-Goalpara, have filed these applications under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending their arrest in Goalpara Police Station Case No. 139/2024 registered under Sections 303(2)/318(4)/336(3)/3(5) BNS read with Section 23 of the Petroleum Act, corresponding to G.R. No. 997/2024.

3. As per the FIR dated 18.10.2024, the case is that on 17.10.2024 in the night at around 7:30 P.M. while one ULTRA T-7 Truck bearing registration No. AS-28C-9878 was intercepted and checked, 21 Nos. of drums containing suspected Petroleum products were found inside it. When enquired from

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the owner of the truck Hanif Ali and its driver Abdul Kalam Azad, they informed that those suspected Petroleum products were sent by one Jaher Ali of Dhubri district and it was suspected that said Jaher Ali obtained those Petroleum products from some unknown source suspecting to be stolen one that have been sent to one Robiul Islam from Lakhipur Police Station of Goalpara District through some forged Challans. Those 21 Nos. of drums containing suspected Petroleum products were accordingly seized and the petitioners, including said Jaher Ali were named in the FIR.

4. By order dated 13.12.2024 passed in AB No. 2987/2024 and by order dated 09.01.2025 passed in AB No. 49/2025, the Court granted interim pre-arrest bail to the petitioners, named above, in said Goalpara Police Station Case No. 139/2024 and the prosecution was asked to place the relevant FSL Report of the seized substances.

5. Mr. B Sharma, learned APP, Assam from the case diary submitted that though the petitioners on obtaining interim pre-arrest bail have appeared before the concerned Investigating Officer of the case, their statements have been recorded and they are co-operating with the investigation of the case, but till date the relevant FSL report pertaining to the seized materials from those 21 drums containing suspected Petroleum products has not yet been received.

6. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioners, named above, is not warranted to investigate the said Goalpara Police Station Case No. 139/2024. As such, these pre-arrest bail applications of the petitioners are accepted.

7. Accordingly, the interim pre-arrest bail granted to the petitioners, namely, Robiul Islam, son of late Mijanur Rahman and Sahjahan Ali, son of Abu Shama in Goalpara Police Station Case No. 139/2024 by order dated 13.12.2024 passed in AB No. 2987/2024 and order dated 09.01.2025 passed in AB No. 49/2025 are hereby made absolute, subject to the full compliance of the terms and conditions as specified in those orders dated 13.12.2024 and 09.01.2025, noted above .

8. Violation of any of the terms and conditions as specified in those orders dated 13.12.2024 and 09.01.2025, noted above, the pre-arrest bail granted to the petitioners, Robiul Islam and Sahjahan Ali, in said Goalpara Police Station Case No. 139/2024 shall stand automatically vacated.

9. Accordingly, these pre-arrest bail applications stands disposed of.

10. Return the case diary.

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JUDGE

Comparing Assistant