GAHC010023302026 2026:GAU-AS:2014 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./357/2026 MD LAL MIYA ALI S/O- NUR MD. ALI, R/O- VILL GAONBUHAPUM, P.O- TAPABARI, P.S- HAJO, DIST- KAMRUPR, ASSAM, PIN- 781102.

VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MR. M KALITA, MR. N M DAS,MR. J HATIMURIA,H BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA

ORDER

12-02-2026 Heard Mr. M. Kalita, the learned counsel for the petitioner. Also heard Mr. B.

Sarma, the learned Additional Public Prosecutor for the State respondent.

2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Md. Lal Miya Ali, who was arrested in connection with Patacharkuchi P.S. Case No. 03/2026 under Sections 331(4)/305 BNS, 2023.

3. Case diary received. Perused the same.

4. It is submitted by Mr. Kalita, learned counsel that the present petitioner is not involved in the alleged offence, as at the time of lodging of the present FIR on 08.01.2026 the present petitioner is in police custody in connection with Pathsala P.S. Case No.03/2026. The petitioner is in custody since 05.01.2026 in connection with said Pathsala P.S. Case.

5. He further submitted that at the time of forwarding the petitioner in said Pathsala P.S. Case, there was no mention about the present case, though the FIR was lodged on 08.01.2026. Thus, the investigating authority did not inform the Court as well as the petitioner about the pendency of the other FIR against the present petitioner. He further submitted that the petitioner is in custody since last 23 days and he was shown arrested on 19.01.2026. Thus, the I.O. got sufficient opportunity to interrogate him, keeping him in custody. He also submitted that the FIR in the present case was lodged with a delay of 12 days and the FIR was lodged on 08.01.2026 though as per the statement made in the FIR that the incident took place on 26.12.2025. That apart, as per the statement of the FIR, the informant also saw the car, while taking away his cows from his cowshed.

6. Mr. Sarma, learned Addl. PP raised vehement objection and submitted that it is not at all a fit case to extend the privilege of bail to the petitioner and from the statement available in the case diary, it is seen that the petitioner is a habitual offender and he had committed the offence which he already admitted at the time of recording of his statement. More so, considering the conduct of the petitioner who is a habitual offender, the I.O. also made a prayer for addition of Section 317(4) of BNS in the present case wherein the statutory period is 90 days.

7. Mr. Sarma, learned Addl. PP further submitted that he was involved in stealing steal cows in luxurious cars and after stealing those cows, used to sell the cows to other person. Mr. Sarma accordingly submitted that this is not at all a fit case to extend the privilege of bail to the petitioners.

8. Considering the submissions made by the learned counsel for both sides, I have also perused the case diary wherefrom it is seen that there are sufficient progress in the investigation of the case and at the same time, it is also seen that after his shown arrest, the petitioner was in police custody for two days and after completion of two days, he was forwarded to judicial custody as further custodial interrogation was not required as per the I.O.

9. Considering this aspect of the case, vis-a-viz the length of detention already undergone by the accused petitioner, I find that further custodial interrogation of the petitioner may not be necessary for the interest of investigation of the present case and accordingly, I find it a fit case to extend the privilege of bail to the present petitioner.

10. Accordingly, the accused/petitioner, namely, Md. Lal Miya Ali, be released on bail in connection with Patacharkuchi P.S. Case No. 03/2026 u