Gauhati High Court
AB/1267/2026 of AZAHAR UDDIN Vs THE STATE OF ASSAM on 24 June 2026
GAHC010118452026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1267/2026 AZAHAR UDDIN S/O LATE ABDUL MANNAN, R/O JOSHIHATIPARA, PS HOWLY, DIST BARPETA, ASSAM, PIN 781316 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC
GAHC010118452026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1267/2026
AZAHAR UDDIN
S/O LATE ABDUL MANNAN, R/O JOSHIHATIPARA, PS HOWLY, DIST
BARPETA, ASSAM, PIN 781316
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,S T AMAN,A
MISHRA,MR. SURAJIT DAS,MR A W AMAN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 25-06-2026
Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P appearing for the State. This is an application under Section 482 BNSS, 2023 praying for granting anticipatory bail to the accused/petitioner, Azahar Uddin who is apprehending arrest in connection with Howly P.S Case No. 82/2026 under Section 303(2)/317(2)/61(2) of BNS,2023. An FIR was lodged on 06/06/2026 by the Police official of Howly P.S. The gist of the allegations is that one truck bearing Registration No. UP- 38-AT-4717 was parked in front of his house and it had large number of batteries (300) and subsequently, during search, another 525 batteries of different brands were found. It is alleged that the said weigh 825 batteries were without documents, suspected to be of illegal origin. Mr. S. Nawaz, learned counsel submits that the petitioner, undertakes a business of buying old batteries upon selling of new batteries, and after refurbishing of the said batteries, these are sold to other parties and the batteries in question were in the process of being sent to a party in U.P for such refurbishing. Several numbers of such receipts pertaining to the purchase of old batteries have been annexed. I have gone through the same. It is submitted that the case being punishable under 7 years, the Police ought to have issued a notice under 35 BNSS whereupon these documents could have been placed. It is submitted that placing the relevant order in this regard, the vehicle has already been given in zimma to the owner. The Case Diary has been received. The learned Additional PP submits that at that time in absence of documents, the origin of the said materials was considered to be doubtful. The prosecution submits that perhaps the petitioner can appear before the I.O and submit his documents. Upon considering the matter, it is directed that, in the event of his arrest in connection with this case, the accused/petitioner is allowed to go on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to satisfaction of the arresting authority and subject to the condition that; he shall co-operate with the remaining investigation; he shall appear before the I.O for examination along with documents, he shall not hamper or tamper with evidence. Return case diary. Anticipatory bail application stands disposed of.
JUDGE Comparing Assistant