Page No.# 1/3 GAHC010094252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1051/2025 MOHD RAZAK S/O MOHD AKBAR PERMANENT RESIDENT OF 01, WARD NO.2, DINGLA THSIL HAVELI, DINGIA, P.O. CHANDAK DIST. PUNCH, JAMMU ANDKASHMIR 185101. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A DHANUKA, B PRASAD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.05.2025 1. Heard Mr. A. Dhanuka, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Mohd. Razak, who is Page No.# 2/3 apprehending his arrest in connection with Gossaigaon P.S. Case No. 11/2025, under Sections 105/281 of the BNS, 2023. 3. The gist of the accusation in this case is that on 24.01.2025, one Bibek Kumar Roy had lodged an FIR before the Officer-in-Charge of Shymultapu Police Outpost, inter-alia, alleging that on that day, when the brother of the informant named, Pinaki Chowdhury was coming back from his school, the trunk bearing Registration No. JK-02-DB-7585 driven by the present petitioner rashed against him, severing his left leg and injuring him seriously. The injured was taken to the Gossaigaon RNB Hospital. However, he succumbed to his injuries. 4. The learned counsel for the petitioner has submitted that the death of the victim in this case is purely accidental in nature and there was no intention on the part of the petitioner to kill the deceased. 5. He further submits that the petitioner is ready to cooperate in the investigation. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Gossaigaon P.S. Case No. 11/2025 and he submitted that there are evidence on record that the offending truck was driven by the present petitioner on the date of the alleged incident. 7. The learned Additional Public Prosecutor also submits that since the investigation is at early stage at this time and it may not be ascertained as to whether the incident was accidental or not. 8. However, he also submits that the petitioner hails from Jammu and Kashmir and therefore, his presence during investigation may be difficult to be procured, if he is granted bail. 9. I have considered the submissions made by the learned counsel for both sides and have perused the case diary of Gossaigaon P.S. Case No. Page No.# 3/3 11/2025. 10. On perusal of the materials available in the Court, it prima facie appears that the deceased died in a road accident involving the truck which was driven by the present petitioner. 11. As the petitioner is ready to cooperate in the investigation, considering the nature of offence involved in this case, his custodial interrogation does not appear to be necessary if he cooperates in the investigation. 12. Hence, this bail application is disposed of with the direction that the petitioner is directed to appear before the Investigating Officer of Gossaigaon P.S. Case No. 11/2025 within a period of fifteen days from the date of this order and cooperate in the investigation. If he does so within the stipulated period, in the event of his arrest in connection with Gossaigaon P.S. Case No. 11/2025, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the arresting authority. 13. This anticipatory bail application is, accordingly, disposed of. 14. Send back the case diary. JUDGE Comparing Assistant