Gauhati High Court
Bail Appln./2678/2026 of ROHIT KUMAR Vs THE STATE OF ASSAM on 10 September 2026
GAHC010195282026 2026:GAU-AS:13223 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2678/2026 ROHIT KUMAR S/O BACHA PRASAD SINGH, R/O VILLAGE MIRAGANJ, KHARPAKWA, P.O. P.S. MIRAGANJ, DISTRICT GOPALGANJ, BIHAR 841438. VERSUS THE STATE OF
GAHC010195282026
2026:GAU-AS:13223
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2678/2026
ROHIT KUMAR
S/O BACHA PRASAD SINGH, R/O VILLAGE MIRAGANJ, KHARPAKWA, P.O.
P.S. MIRAGANJ, DISTRICT GOPALGANJ, BIHAR 841438.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. M KHAN, MR. R. AHMED,MS J AKTAR
Advocate for the Respondent : PP, ASSAM, B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
11.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Prosecutor for the State.
2. This is an application filed under Section 483 of the BNSS, 2023 praying for granting bail to the petitioners in connection with Bongaigaon GRPS Case No. 70/2026, registered under Section 25(1-A) of the Arms Act, 1959.
3. The prosecution case, in brief, is that on 21.07.2026, the informant lodged an FIR with the I/C, New Bongaigaon GRP, stating, inter alia, that on 20.07.2026, at about 11:28 PM, the informant and his team were conducting routine checking at the platform of New Bongaigaon Railway Station. During the course of such checking, they noticed a person loitering in a suspicious manner beneath the foot overbridge at Platform No. 1, along with a trolley bag.
4. Thereafter, the team questioned the said person regarding his travel, but he failed to provide any satisfactory explanation. Owing to his suspicious behavior, the trolley bag was searched, and from the said trolley bag, one factory-made pistol loaded with five rounds of 7.65mm live ammunition was recovered. Upon inquiry, the person disclosed his name as Satish Kumar. It is further stated in the FIR that the said person was immediately apprehended and was asked to produce a valid license, however, he failed to produce any valid license or authority for the possession of the said firearm and ammunition.
5. On receipt of the FIR, the I/C, New Bongaigaon GRP, made GD Entry No. 306 dated 21.07.2026 and forwarded the same to the OC, Bongaigaon GRPS. On receipt thereof, the OC registered the same as Bongaigaon GRPS Case No.
17/26 under Section 25(1-A) of the Arms Act.
6. On perusal of the forwarding report in respect of the present petitioner reveals that the petitioner was arrested solely on the basis of a statement made by an arrested co-accused. The only ground shown in the forwarding report is that he was involved in the commission of the alleged offence, without stating how he was actually involved. Police remand was prayed for, and accordingly, he was remanded to judicial custody and has now spent 52 days in custody.
7. The investigation in the case is still underway, however, no further interrogation of the petitioner is required, as he has already spent about 52 days in custody.
8. Having regard to the nature of the allegations as well as the period of detention, and in view of what has been discussed above, the prayer for bail is allowed.
9. The petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with Bongaigaon GRPS Case No. 70/2026, registered under Section 25(1-A) of the Arms Act, 1959.
10. It is further provided that the petitioner shall continue to cooperate with the investigation as and when required by the IO and shall not try to tamper with the remaining witnesses.
11. Accordingly, the bail petition stands allowed and disposed of. JUDGE Comparing Assistant