Page No.# 1/3 GAHC010072752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1060/2025 RABINDRA BISWAS S/O LATE RAMPAD BISWAS R/O VILL- MESGURI, P.S.TAMULPUR DIST. TAMULPUR (BTR), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S R RABHA, P HAZARIKA,T CHAKMA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 21/04/2025 Heard Mr. S R Rabha, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Sri Rabindra Biswas, son of late Rampad Biswas, resident of Village-Mesguri, P.S. Tamulpur, District-Tamulpur (BTR), has filed this application under Section 483 of BNSS, 2023, on 03.04.2025, praying for his bail in Tamulpur Police Station Case No. 85/2025 Page No.# 2/3 registered under Sections 296/118(2)/351(2) of BNS, 2023 read with Section 25(I-A) of Arms Act, 1959, wherein he was arrested on 01.04.2025 and is in custody since then. 3. As per the FIR dated 30.03.2025 lodged by the complainant before the Officer-in-Charge of Kumarikata Police Outpost, the case is that on 29.03.2025 in the night around 10:30, when the complainant was attending a felicitation program at Barni Mela, Kauli Bazar, the accused petitioner abused him with filthy language and also physically assaulted him while he was walking down from the stage. In the said FIR, the complainant also alleged that the petitioner tried to shot at him by pistol and that out of fear of his life, he went inside his car bearing registration No. AS-01-FQ-8225 and then the accused petitioner hit the complainant’s said car with his pistol due to which the rear glass of his car was broken and injured him physically. Further, the accused petitioner threatened him that he will kill the former NLFB members belongs to his organization. According, said FIR was initially registered as Kumarikata Outpost G.D. Entry No. 590/2025 on 30.03.2025 and subsequently, it was registered as Tamulpur P.S. Case No. 85/2025 under Sections 296/118(2)/351(2) of BNS, 2023 read with Section 25(I-A) of Arms Act, 1959. 4. Perused the case diary placed before the Court today by Mr. Sharma, learned Additional Public Prosecutor, Assam. 5. Mr. Sharma, learned Additional Public Prosecutor, Assam from the case diary submitted that the medical report of the complainant/informant victim dated 30.03.2025 issued by the authorities of M.N.H.O., Kumarikata Subsidiary Health Center indicates that the complainant sustained simple injury. 6. Mr. Sharma, learned Additional Public Prosecutor, Assam from the case diary further submitted that though the petitioner is in custody since 01.04.2025, no arm has been recovered from his possession till date. 7. Considering such materials in the case diary, the Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Tamulpur P.S. Case No. 85/2025. As such, this bail application of the petitioner in said Tamulpur P.S. Case is accepted. 8. Accordingly, the petitioner, namely, Sri Rabindra Biswas, be released on bail in said Tamulpur P.S. Case No. 85/2025 registered under Sections 296/118(2)/351(2) of BNS, 2023 read with Section 25(I-A) of Arms Act, 1959, on furnishing a bail bond of Rs.35,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Baksa, Mushalpur, on conditions that the petitioner – Page No.# 3/3 (i) shall appear before the Investigating Officer of said Tamulpur P.S. Case No. 85/2025 as and when he is required for necessary investigation of said Tamulpur P.S. Case; (ii) shall not leave the territorial jurisdiction of Tamulpur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (v) shall not involve himself in any criminal activities in future. 9. 9. Violation of any of the aforesaid terms and conditions by the petitioner, Sri Rabindra Biswas, the bail granted to him in the aforesaid Tamulpur P.S. Case No. 85/2025 shall stand automatically vacated. 10. Accordingly, this bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant