A bail application filed by BIKASH DAS AND ANR against THE STATE OF ASSAM in a theft-related case under the BNS 2023. The court granted bail subject to specific conditions.
Bail granted to the petitioners upon furnishing a bail bond of Rs.20,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010170012026
2026:GAU-AS:13646
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2443/2026
BIKASH DAS AND ANR H/O- CHAYAMONI DAS R/O- NO. 4 GERUKANI P.S- BOGIJAN PIN-785612 DIST.- GOLAGHAT ASSAM
2: ABHINASH SAIKIA S/O- RANJIT SAIKIA R/O- KATHKATIA GAON GANAKPUKHURI P.S.- GOLAGHAT DIST.- GOLAGHAT ASSAM VERSUS
THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR ASSAM
-----------Advocate for : MR D J BORO Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
15.09.2026
1. Heard Mr. D.J. Boro, learned counsel appearing for the petitioners. Also
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heard Mr. R.J. Baruah, learned APP appearing for the State of Assam.
2. By this application, the petitioners have prayed for bail in connection with Hatigaon P.S. Case No. 153/2026 registered under Sections 316(2)/318(4)/ 319(2)/61(2) of the BNS, 2023.
3. The learned counsel appearing for the petitioner submits that the petitioner is the owner of the Mahindra Bolero pickup vehicle which was also seized in connection with the offence. He submits that the petitioner has no connection with the alleged offence of stealing the informant’s car and taking it to another place. It further appears from the case diary that three vehicles were seized in connection with the offence.
4. Mr. R.J. Baruah, learned APP, on perusal of the case diary, submits that the informant’s vehicle was found to have been driven by the petitioners. He submits that petitioner No. 1 was found driving the said vehicle while petitioner No. 2 was found to be an occupant thereof. As such, he submits that both the petitioners are involved in the alleged offence.
5. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that the petitioners were not named as accused persons by the informant and that only one person, namely, Naba Jyoti Medhi who had taken the car on rent was named by him, this Court deems it fit to enlarge the petitioners on bail on furnishing a bail bond of Rs.20,000/(Rupees twenty thousand) each with one local surety of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) subject to the following conditions:
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(i) The petitioners shall appear before the Investigating Officer as and when called for,
(ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and
(iii) The petitioners shall not leave their residence without prior permission of the Investigating Officer.
6. Accordingly, this Bail Application is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners are entitled to bail in the under-referenced case.
What conditions should be imposed on the grant of bail to the petitioners.
1 provisions across 1 enactments
BIKASH DAS AND ANR
THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR ASSAM
SHAMIMA JAHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
