Badsha Miya v. The State of Assam

ORDER

25.11.2024 Heard Mr. A Ali, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2) By this application filed under Section 482 BNSS, 2023, the petitioner, namely, Badsha Miya, son of Jopa Khatun, resident of village Ghoramara Pather, P.S.-Goroimari, District-Kamrup (Metro), has prayed for his bail in Hatigaon Police Station Case No. Page No.# 2/3 150/2024 corresponding to GR No.3925/2024 registered under Section 303(2) BNS, 2023. 3) While this interim bail application was moved, the Court by order dated 27.09.2024 called for the case diary and granted interim bail to the petitioner in said Hatigaon P.S. Case No. 150/2024, pursuant to which, the petitioner appeared before the concerned Investigating Officer of said Hatigaon P.S. Case No. 150/2024 and his statement was recorded on 08.09.2024 by the concerned Investigating Officer of the said case. 4) Matter relates to theft of electrical items like RRH (Remote Radio Head) and SFFP (Small Form-factor Pluggable) from various towers of JIO located within the State, thereby disrupting the mobile connections. 5) Mr. Parashar, learned Additional Public Prosecutor, Assam has placed the relevant case diary pertaining to Hatigaon P.S. Case No. 150/2024 as called for by the Court vide order dated 27.09.2024. 6) From the case diary, it is seen that 5/6 accused persons of the case have already been arrested in the said case and all of them have implicated the petitioner pertaining to his involvement in the case and also deposed that the petitioner is involved in the theft, transportation and selling of RRH and SFFP, both within and outside the State. 7) Case diary indicates that the petitioner and other accused persons of the case are involved in an organised crime where the petitioner is one of the prime accused of the case of selling such stolen electrical items of mobile towers as well as transporting those stolen items to various places, both within and outside the State. 8) During the deliberation of the matter, Mr. K K Parashar, learned Additional Public Prosecutor, Assam also brought it to the notice of the Court that in another case, being Hatigaon P.S. Case No. 192/2024 that relates to the theft of RRU (Remote Radio Unit) from JIO mobile towers within the State, the arrested accused persons also implicated the petitioner in the said case. 9) Case diary indicates that the RRHs and SFFPs, which were stolen from various mobile towers involving the petitioner have not yet been recovered. 10) Finding such incriminating materials in the case diary regarding the involvement of Page No.# 3/3 the petitioner in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Badsha Miya, in said Hatigaon P.S. Case No. 150/2024. 11) Accordingly, this anticipatory bail application of the petitioner, namely, Badsha Miya, son of Jopa Khatun, in said Hatigaon P.S. Case No. 150/2024 stands rejected. 12) The interim bail granted to the petitioner earlier on 27.09.2024 by the Court in said Hatigaon P.S. Case No.150/2024 hereby stands vacated/recalled. 13) Return the case diary herewith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010194852024 2024:GAU-AS:11613 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2526/2024 BADSHA MIYA S/O GHORAMAR PATHAR P.S. GOROIMARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A ALI, S ALI,MR. Y ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK