Abdul Sahid Barbhuiya Vs the State of Assam

¶1

Page No.# 1/4

¶2

GAHC010029502025

¶3

2025:GAU-AS:2172

¶4

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

¶5

Case No. : Bail Appln./471/2025

¶6

ABDUL SAHID BARBHUIYA

¶7

S/O LATE SIRAJUDDIN SIRAJ UDDIN BARBHUYA, R/O VILLAGE SINGLE BASTI , P.S UNBAN, DISTRICT DIMAPUR, NAGALAND , PERMANENT R/O VILLAGE JAGADISHPUR, PT V, P.S KATIGORAH , DISTRICT CACHAR , ASSAM, PIN 788815

¶8

VERSUS

¶9

THE STATE OF ASSAM REP BY THE PP, ASSAM

¶10

Advocate for the Petitioner : MD E AHMED, MR. R A MAZUMDER,MR M ISLAM,MR. D HUSSAIN

¶11

Advocate for the Respondent : PP, ASSAM,

¶12

Linked Case : Bail Appln./537/2025

¶13

DIPJYOTI HAZARIKA @ DEEPJYOTI HAZARIKA S/O SRI ABANI HAZARIKA R/O JUGONIA GAON P.O. GANAK PUKHURI P.S. DERGAON PIN-785622 DIST. GOLAGHAT ASSAM

¶14

Page No.# 2/4

¶15

VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP ASSAM

¶16

-----------Advocate for : MR D J BORO Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

¶17

BEFORE

¶18

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶19

ORDER

¶20

03-03-2025

¶21

Heard Mr. A. S.Tapader, learned counsel appearing on behalf of Mr. D. Hussain, learned counsel for the petitioner in BA No. 471/2025 as well as Mr. D. J. Boro, learned counsel for the petitioner in BA No. 537/2025. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam.

¶22

2. The petitioners namely, (1) Abdul Sahid Barbhuiya , son of late Sirajudding @ Siraj Uddin Barbhuiya, resident of Village-Signal Basti, P.S.-Unban, District-Dimapur, Nagaland permanent resident of Jagadishpur Pt-V, P.S.-Katigorah, District-Cachar and (2) Dipjyoti Hazarika @ Deepjyoti Hazarika , son of Sri Abani Hazarika, resident of Jugonia Gaon, P.O.ganak Pukhuri, P.S.-Dergaon, District-Golaghat have filed this application under Section 483 BNSS, 2023 seeking bail in Basistha Police Station Case No.16/2025 corresponding to G.R. No.140/2025 registered under Sections 316(2)/318(4) BNS, 2023, wherein they were arrested on 09.01.2025 and are in custody since then.

¶23

Page No.# 3/4

¶24

3. It is submitted by Mr. Tapader, learned counsel that the petitioner Abdul Sahid Barbhuiya though no way connected with the case has been implicated in it and detained in custody since 09.01.2025 for about 57 days.

¶25

4. Mr. Boro, learned counsel for the petitioner Dipjyoti Hazarika @ Deepjyoti Hazarika also submitted that for no fault of him, the petitioner has been detained in custody since 09.01.2025.

¶26

5. As such, learned counsels for the petitioners submitted that considering their length of detention in custody, they should be considered for their bail in said Basistha P.S. Case No.16/2025.

¶27

6. As per the FIR dated 08.01.2025 lodged before the Basistha Police Station by the informant the case is that on 05.01.2025 one Debojit Barman took one Scorpio N vehicle bearing Registration No.AS-01-GD-8863 from its company “Adventure Cars.in” on self-drive basis, but did not return the said vehicle till the date of lodging of the said FIR on 08.01.2025. Though the informant tried to contact said Debojit Barman on his phone, but he did not receive and later his mobile was found to be switched off. The said FIR of the informant was accordingly, registered as Basistha P.S. Case No.16/2025 corresponding to G.R. No.140/2025 under Sections 316(2)/318(4) BNS, 2023.

¶28

7. From the forwarding report dated 09.01.2025 of the concerned Investigating Officer of said Basistha P.S. Case No.16/2025 relating to the present two petitioners, it is seen that said Debojit Barman who took the said Scorpio N vehicle from the informant handed over to one Bikash Das of Jorhat, who subsequently handed over the same to the present two petitioners and the present two petitioner took all the necessary steps to sale the said Scorpio N vehicle outside the State of Assam and they were found along with the said theft Scorpio N vehicle.

¶29

8. It is also seen from the forwarding report that the present two petitioners belongs to the gang of stolen vehicle lifter, who used to receive or retain stolen vehicles and later sale it to customers outside the State of Assam.

¶30

9. During the deliberation of the matter, Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam on instruction, submitted that police after completion of investigation of the case has already submitted the charge-sheet in said Basistha P.S. Case No.16/2025 vide Charge-Sheet No. 74/2025 dated 25.02.2025.

¶31

10. In view of the above, the petitioners are directed to approach the appropriate

¶32

Page No.# 4/4

¶33

forum/authority for their regular bail in said Basistha P.S. Case No.16/2025 .

¶34

11. With the above observation and direction, these bail applications stand disposed of.

¶35

JUDGE

¶36

Comparing Assistant

Abdul Sahid Barbhuiya v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Sahid Barbhuiya 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

Cherly Ryngkhlem Vs the State of Assam

Biplab Gohain Vs the State of Assam and Anr.

Akbar Ali Talukdar Vs the State of Assam and Anr.

Abu Tahir Vs the State of Assam

Dipanjan Nath Vs the State of Assam

Satish Doley Vs the State of Assam