Bail Appln./2487/2026 of MOUSIN CHOUDHURY AND ANR Vs THE STATE OF ASSAM on 10 September 2026

ORDER

11.09.2026 Heard Mr. A.M. Ahmed, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by accused, namely, Mousin Choudhury and Mokibul Hoque, who have been languishing in jail hazot since 11.08.2026, in connection with Behali P.S. Case No.99/2026, under Section 61(2)/109/302(2)/62/132/121(1) of BNS, 2023, for grant of bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Busing Bey, Officer-in-Charge, Behali Police Station, on 11.08.2026. The essence of allegation, in the FIR, dated 11.08.2026, is that on 11.08.2026, at about 1:30 a.m., information was received from reliable source that two persons from Nagaon district are proceeding to Behali in a vehicle, bearing Registration No.AS-01FS-1476, for the purpose of purchasing stolen cattle. Then on the basis of the said information, S.I. Busing Bey, along with LNK Krishna Kanta Gogoi and LNK Arun Uria of 10th APBn and Hitesh Das, conducted naka checking and patrolling duty along NH-15 from Borgang to Buroi Ghat and at about 3:00 a.m., they have signaled one vehicle, bearing Registration No.AS-01FS-1476, which was proceeding from Biswanath Chariali towards Gohpur. But, the driver of the said vehicle did not stop, instead, drove the vehicle towards the complainant with intention to cause harm to him and thereafter, left the place and then he searched the vehicle and found the same near BS Hotal, situated adjacent to NH-15 and apprehended the driver of the vehicle and another person accompanying him, who disclosed their identity as Md. Mousin Choudhury and Mokibul Hoque of Nagaon. And during interrogation they have disclosed that they came to the area to purchase stolen cattle and initially they stated that they were carrying an amount of Rs.3,50,000/- and they were taken to the police station and a sum of Rs.5,42,500/- were recovered from their possession and seized the same in presence of witnesses.

4. Mr. Ahmed, learned counsel for the accused, submits that the accused were arrested on 11.08.2026 and since then they are languishing in jail hazot for last 31 days and in fact, they were proceeding towards Silapathar to purchase some of the articles there and they are not involved with the offence alleged in the FIR and therefore, it is contended to grant them bail considering the period of detention.

5. Per contra, Mr. Borthakur, learned Additional P.P. has opposed the petition and producing the case diary before this Court, he submits that the I.O. has collected some incriminating materials against the present accused persons and during the search total Rs.13,22,515/- were recovered from their possession.

6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary produced before this Court by Mr. Borthakur, learned Addl. P.P.

7. In view of the period of detention of the accused persons in jail hazot and also considering the progress of investigation till date, further custodial detention of the accused persons seems to be unwarranted here in this case. And accordingly, this Court is inclined to allow this petition.

8. It is provided that on furnishing a bond of Rs.50,000/- each, with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Biswanath Chariali, the accused persons, namely, Mousin Choudhury and Mokibul Hoque, shall be enlarged on bail.

9. In terms of above, the bail application stands disposed of.

10. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE