Allowed¶27

Monoj Kumar Ghosh Alias Bijoy Ghosh Monoj Ghosh v. the State of Assam

Bail – Regular bail under Section 483 of BNSS, 2023

Gauhati HC7 Oct 2025Bail Appln./3009/2025

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Case brief

AI extract

What is this about?

Regular bail; Section 483 BNSS 2023; Section 305(c) BNS 2023; Section 7 Essential Commodities Act 1955; oil theft from tanker; Narengi petrol pump; Noonmati P.S. Case No.165/2025; FIR dated 25.08.2025; seizure of oil, equipments and vehicle; bail bond Rs.30,000/- with like surety; learned CJM Kamrup (M); length of detention; Gauhati High Court; Bail Appln./3009/2025; Pranjal Das, J.; order dated 08-10-2025; bail allowed and disposed of.

What did the court decide?

Regular bail granted on bail bond of Rs.30,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), subject to conditions of co-operation with the remaining investigation and non-misuse of liberty; case diary ordered to be sent back. ¶27

Monoj Kumar Ghosh Alias Bijoy Ghosh Monoj Ghosh Vs the State… — Bail and Remand | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused in Noonmati P.S. Case No.165/2025 (Sections 305(c) BNS, 2023 read with Section 7, Essential Commodities Act, 1955), should be released on regular bail under Section 483 of BNSS, 2023.

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Ratio / Principle

Considering the progress of investigation and the length of detention, the Court directed that the accused/petitioner be released on bail of Rs.30,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M).

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Key takeaways

Release on bail was made subject to conditions: the accused shall render co-operation to the remaining part of the investigation and shall not misuse his liberty to commit any offence or illegal activities; violation of bail conditions will entail cancellation of bail.ratio¶23

Detailed headnote1 paragraphs

Bail — Regular bail under Section 483 of BNSS, 2023 — Petitioner accused in Noonmati P.S. Case No.165/2025, registered under Sections 305(c) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955, for allegedly stealing oil from an oil tanker near Narengi petrol pump (FIR dated 25.08.2025) and being unable to show proper papers — In custody since 25.08.2025 — Suspected stolen oil, equipments and one small vehicle already seized — Gauhati High Court (Pranjal Das, J.), considering the progress of investigation and the length of detention, allowed release on bail of Rs.30,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), subject to conditions of co-operation with the remaining investigation and non-misuse of liberty; violation to entail cancellation — Bail application allowed and disposed of; case diary sent back.

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GAHC010208012025

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

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Case No. : Bail Appln./3009/2025

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MONOJ KUMAR GHOSH ALIAS BIJOY GHOSH MONOJ GHOSH SON OF LATE MAHESH CHANDRA GHOSH, RESIDENT OF- C/O- SAJAL DEV, HOUSE NO.20, NARENGI HOUSING COLONY, P.S- NOONMATI, DISTRICT- KAMRUP(M), ASSAM.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. R K PRADHAN, MR. A K SAIKIA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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08-10-2025

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Heard Mr. A. K. Saikia, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. P.P. for the State respondent.

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2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Monoj Kumar Ghosh @ Bijoy Ghosh Monoj Ghosh , who

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has prayed for regular bail in connection with Noonmati P.S. Case No.165/2025 registered under Sections 305(c) of BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955.

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3. The allegation in the FIR dated 25.08.2025 is that the accused person was caught stealing oil from oil tanker near Narengi petrol pump and upon being confronted and asked, he could not show proper papers.

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4. Mr. Saikia, the learned counsel for the petitioner submits that the petitioner has been detained behind the bars since 25.08.2025.

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5. Case diary has been received. I have perused the case diary.

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6. Mr. Parasar, the learned Addl. PP submits that the suspected stolen oil etc. along with the equipments and one small vehicle have already been seized. I have seen the progress of the investigation. Though the same is not admissible in trial but the accused in his statement has stated about being involved in other similar offences as well.

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7. Nevertheless, considering the progress of investigation and also the length of detention, it is directed the accused/petitioner herein is allowed to go on bail of Rs.30,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M) and subject to the following conditions that:-

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