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Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Anr on 10 March, 2026
Page No.# 1/5
GAHC010048392026
2026:GAU-AS:3487
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./679/2026
ANAR HUSSAIN AND ANR
S/O- LATE NURUL ISLAM.
R/O- 2 NO. SONAPUR, P.S.- BIHPURIA, DIST.- LAKHIMPUR, ASSAM
2: MD. SAHIL ALI.
S/O- MD. SONAUDDIN.
R/O- KORAIBILL.
P.S.- CHAYGAON
DIST.- KAMRUP(R)
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR F HAQUE, M ISLAM,MR A ISLAM,MR N ISLAM
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 10-03-2026
Heard Mr. F. Haque, the learned counsel for the petitioners. Also heard Mr. P.
Borthakur, the learned Additional Public Prosecutor appearing on behalf of State
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respondents.
2. This is an application under Section 483 of BNSS, praying for grant of bail
to the accused/petitioners, namely, [1] Anar Hussain and [2] Md. Sahil Ali, who
have been arrested on 19.01.2026, in connection with the Garchuk P.S. Case
No. 14/2026, under Sections 61(2)/318(4)/179/180 of the BNS, 2023.
3. It is submitted by Mr. Haque, the learned counsel for the petitioners that
the present accused petitioners are innocent and no way involved with the
alleged offence. It is a fact that on the date of incident, the petitioners along
with two others were having tea in a dhaba, when the police came and arrested
them from the said dhaba. It is alleged that some fake currencies and fake gold
were recovered from a vehicle which was parked near the dhaba and it is
alleged that the present accused petitioners along with co-accused were
possessing and occupying the said vehicle, where from the fake currencies and
fake gold were alleged to have been recovered. The learned counsel for the
petitioners further submitted that the present accused petitioners were not the
occupant of the said vehicle wherefrom the alleged recovery were made.
However, from the reliable sources it is learnt that one Islam Ali was the
registered owner of the said vehicle and the present accused petitioners are not
at all associated with the said offence.
4. Mr. Haque, the learned counsel further submitted that though the grounds
of arrest was communicated to the present petitioners through notice under
Section 47 of the BNSS, 2023, but there was no communication of the grounds
of arrest to his family members under Section 48 of the BNSS, 2023. He further
submitted that it is stated by the police that one WT message was sent to the
North Lakhimpur Police Station by the Garchuk Police Station but till date, the
family members of the present accused petitioners are not intimated regarding
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their arrest. Further, Mr. Haque submitted that the present accused petitioners
are behind the bar since last 47 days and hence, the I.O. got sufficient
opportunity to interrogate them, keeping them in custody and hence, further
custodial interrogation may not be necessary for the purpose of investigation.
However, the present accused petitioners are ready and willing to extend their
cooperation in the further investigation of this case, if they are granted with the
privilege of pre-arrest bail.
5. Mr. Hoque, the learned counsel for the petitioners further submitted that
one of the co-accused/petitioner has already been granted bail by this Court and
hence considering the case of the present petitioners in the same footing, their
prayer may also be considered. However, petitioners being the permanent
resident of their addressed locality, they will appear before the I/O as and when
they will be required for further investigation of the case.
6. Mr. Borthakur, the learned Addl. PP submitted in this regard that though the
Case Diary is not available before this Court but, on perusal of the order passed
earlier for the other co-accused/persons, it is seen that these two petitioners
along with co-accused/persons were travelling by the said vehicle wherefrom
the fake currency is obtained of Rs. 99,000/- and fake gold of 1.39 kgs were
recovered. The learned Addl. P.P., Assam further submitted that the present
accused petitioners may not be the registered owner of the said vehicle but at
the time of relevant incident, the vehicle was in the possession of the present
petitioners and two other co-accused. Mr. Borthakur further submitted that from
the inquiry of the I.O., it is seen that WT message was sent to the O/C of the
North Lakhimpur Police Station by the O/C of the Garchuk Police Station, for
onward communication of arrest of the petitioners to their family members as
per Section 48 of the BNSS. He further submitted that it is also learnt from the
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O/C of the North Lakhimpur Police Station that they had already made
telephonic conversation with the family members of the present accused
petitioners but till date, there is no information as to whether they have
appeared before the concerned police station/before the I.O. But the I.O. took
all endeavors to issue notice to the family members of the present accused
petitioners. Mr. Borthakur, the learned Addl. P.P. accordingly raised objection and
submitted that it may not be a fit case for granting bail to the present accused
petitioners.
7. Hearing the submission made by learned counsel for both sides, it is seen
that on the earlier occasion while considering the bail application for the co-
accused/persons, the materials were considered available in the Case Diary and
considering the case of the present petitioners on the same footing as these two
petitioners were also forwarded under the same footing, thus, without going
into further detail of the merit of the case, only considering the length of
detention already undergone by the accused/petitioners, this Court is of the
opinion that I/O got sufficient opportunity to interrogate these two petitioners
keeping them in custody and hence considering the length of detention, I find
that further custodial interrogation may not be required for the purpose of
investigation. Hence, I find it a fit case to grant the privilege of bail to this two
petitioners.
8. Accordingly, it is provided that on furnishing a bail bond of Rs. 20,000/-
(Rupees Twenty thousand) only each with one surety of like amount, to the
satisfaction of the learned CJM, Kamrup (M) at Guwahati, the accused
petitioners, namely, [1] Anar Hussain and [2] Md. Sahil Ali, be enlarged on bail,
subject to the following conditions:
(i) that the petitioner shall not, directly or indirectly, make any
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inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade him from disclosing such facts to the Court or
to any police officer;
(ii) that the petitioner shall not leave the jurisdiction of the learned CJM,
Kamrup (M) at Guwahati, without prior permission, and
(iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card
before the learned CJM, Kamrup (M) at Guwahati.
9. In terms of above, this bail application stands allowed and disposed of.
JUDGE
Comparing Assistant
