Page No.# 1/4 GAHC010097422025 2025:GAU-AS:5986 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1055/2025 MANIK BORAH @ MANIK BORA S/O-GOLAP BORA ALIAS GOPAL BORAH,R/O-VILL.LUTUMARI LANKAGAON,P.S KACHUA,P.O-LANKAGAON,DIST-NAGAON,(ASSAM)- 782446 PRESENTLY RESIDING AT VILL- UMRANGSO P.S. AND P.O. UMRANGSODIST.DIMA HASAO, ASSAM PIN-788931 VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : DARAK ULLAH, MR. M I HUDA,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 14.05.2025 1. Heard Mr. S. Ahmed, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Manik Borah@Manik Bora who is apprehending his arrest in connection with P.R.C. Case No. 2602/2017, under Section 304(B) of the Indian Penal Code, 1860. The said case is pending before the Court of the learned Judicial Magistrate First Class, Nagaon. 3. The learned counsel for the petitioner has submitted that the Trial Court has issued non-bailable warrant of arrest against the petitioner and the next date of the said P.R.C. Case is fixed on 17th May, 2025. 4. The learned counsel for the petitioner has also submitted that before approaching this Court, the petitioner had approached the Court of the learned Additional Sessions Judge, No. 1, Nagaon seeking anticipatory bail, however, the prayer was rejected and a direction was given to the petitioner to appear before the Trial Court. 5. The learned counsel for the petitioner submits that as the Trial Court has issued non-bailable warrant of arrest, he apprehends that on his appearance before the said Court, he may be remanded to custody and Page No.# 3/4 therefore, he has prayed for anticipatory bail in this case. 6. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the present petitioner as on the ground that his earlier anticipatory bail application was rejected by the Court of the learned Additional Sessions Judge, No. 1, Nagaon, wherein a direction was given to him to appear before the Trial Court and the petitioner has not complied with the said direction. 7. I have considered the submissions made by the learned counsel for the petitioner. 8. On perusal of the records, it appears that the offence involved in this case is under Section 304(B)/20/34 of the Indian Penal Code, 1860, for which the maximum punishment prescribed under the statute is upto life imprisonment. 9. It appears that presently the P.R.C. Case No. 2602/2017, is pending before the Court of the learned Judicial Magistrate First Class, Nagaon and the same being the Court of the learned Judicial Magistrate First Class, Nagaon, even if the petitioner surrenders before the said Court due to the embargo of Section 480 Clause 1(2) (i) of BNSS, he may not be granted bail and therefore, he apprehends that he may be remanded to custody. 10. It appears that the apprehension of the petitioner appears to be a genuine apprehension, the embargo of Section 480 1(i) of BNSS and therefore, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the learned Judicial Magistrate First Page No.# 4/4 Class, Nagaon on the next date fixed, i.e. on 17.05.2025. If he does so in his appearance, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the said Court. 11. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant