Page No.# 1/3 GAHC010083302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/912/2025 FANI ROY @ GANESH S/O LATE RISHIKESH ROY R/O SANKARDEV NAGAR, JORHAT, P.S. BASISTHA, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29.05.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS has been filed by the petitioner, namely, Fani Roy @ Ganesh who is apprehending his arrest in connection with Basistha P.S. Case No. 207/2025 under Sections Page No.# 2/3 305(c)/317(4)/336(3)/313 of BNS. 3. The gist of accusation in this case is that on 10.04.2025, one Bhaskar Jyoti Gogoi, SI of Police had lodged an FIR before the Officer-in-charge of Basistha Police Station, inter alia, alleging that an information was received through reliable sources that one Tata 2518C ten wheeler vehicle is being used with two different number plates by a gang of thieves for commission of offences like theft of diesel, spare tire, mobile phones etc. and as per the said information, a naka checking was conducted on the said date in front of Jorabat Police Outpost and the above mentioned vehicle was intercepted. 4. During the search of the vehicle, the driver of the vehicle as well as the helper of the vehicle were arrested and during interrogation, they disclosed that the truck was used in transporting stolen articles like spare tire, diesel etc. 5. The learned counsel for the petitioner has submitted that the petitioner is innocent and not involved in the offence alleged in this case. He submits that he is the owner of the truck bearing Registration No. AS-27-C- 6593, which was seized in connection with this case. He submits that the truck was handed over by him to his driver and helper and he was unaware of the fact that same was used in transporting of any stolen article or that it was used after changing number plates. 6. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the investigation. 7. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Basistha P.S. Case No. 207/2025 and has opposed the grant of bail to the petitioner on the ground that it is he on whose instruction the arrested accused persons have used the seized vehicle for Page No.# 3/3 transportation of stolen articles. 8. I have perused the seizure list, which shows that some articles like plastic buckets, plastic pipes, and iron stools were seized in this case. 9. Considering the nature of seized articles as well as the fact that only co-accused have implicated the petitioner and the petitioner is ready to co- operate in the investigation, hence, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Investigating Officer of Basistha P.S. Case No. 207/2025 within a period of seven days from the date of this order and co-operate in the investigation. If he does so, within a stipulated period of time, in the event of his arrest, in connection with the aforesaid case, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 10. Any violations of the bail condition would liable the bail order to be cancelled. 11. With this observation, this bail application is disposed of. 12. Send back the case diary. JUDGE Comparing Assistant