Gauhati High Court
Bail Appln./2384/2026 of SRI RIJU KANTA PEGU AND ANR Vs THE STATE OF ASSAM on 8 September 2026
GAHC010173972026 2026:GAU-AS:13074 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2384/2026 SRI RIJU KANTA PEGU AND ANR SON OF LATE KULU PEGU VILL. CHESA, P.O. RUPTALI, P.S. BIHPURIA, DISTRICT LAKHIMPUR, ASSAM, PIN-784161 CONTACT NO.
GAHC010173972026
2026:GAU-AS:13074
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2384/2026
SRI RIJU KANTA PEGU AND ANR
SON OF LATE KULU PEGU
VILL. CHESA, P.O. RUPTALI, P.S. BIHPURIA, DISTRICT LAKHIMPUR, ASSAM, PIN-784161
CONTACT NO. 6360434414
2: SRI PULEN KAMAN
SON OF MR. AMULA KAMAN
VILL. DAK CHAPORI
P.O. SUBANSIRI
P.S. GOHPUR
DISTRICT BISWANATH
ASSAM
PIN-784168
CONTACT NO. 938713868
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : PP, ASSAM,
B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
09.09.2026 Heard learned counsel for the petitioners. Also heard learned Additional Public Prosecutor for the State.
2. This is an application filed under Section 483 of the BNSS, 2023 praying for regular bail to the petitioners, who were arrested on 14.07.2026 in connection with Biswanath Ghat River P.S Case No. 01/2026, dated 13.07.2026 registered under Sections 61(2)/329(3) of the BNS, 2023, r/w Section 25(1-A) of the Arms Act.
3. The allegations against the petitioners, as reflected in the FIR, are that during patrolling carried out by forest officials on 20.03.2026, a person was detected inside the Kaziranga National Park. Upon being ordered to stop, he started running, and the forest officials could not apprehend him. However, upon an intensive search of the area, one country-made rifle without a bolt, magazine, and butt, wrapped in plastic, along with a pair of shoes, was recovered and seized on the spot. The petitioners were subsequently apprehended on 09.05.2026 from the Narayanpur area. It is stated that upon the disclosure of one Kiran Pegu another country-made rifle (a barrel attached with a rifle bolt and butt, but without a magazine) was recovered.
4. From the above, it is evident that no recovery was made from the present petitioners. Furthermore, the articles described above cannot be termed as prohibited arms as defined in Section 2(1)(h) of the Arms Act, and therefore, Section 25(1-A) of the Arms Act appears not to be attracted. Meanwhile, the petitioners have spent 58 days behind bars.
5. Having regard to the above, the prayer for bail is allowed.
6. The petitioners are allowed to 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 jurisdictional Magistrate.
7. It is further directed that the petitioners shall cooperate with the investigation and shall not try to tamper with the evidence.
8. The bail petition stands allowed and disposed of accordingly.. JUDGE Comparing Assistant