Page No.# 1/2 GAHC010114452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1762/2025 KISHOR DAS SON OF GOPAL CH. DAS R/O VILL- BHITHAMAHAL P.O. BARAJAL, P.S. GHOGRAPAR DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 30.05.2025 Heard Mr. B.K. Mahajan, the learned counsel appearing for the petitioner. Also heard Mrs. N. Das, the learned Addl. Public prosecutor, Assam. Page No.# 2/2 2. This application under Section 483 of the BNSS, 2023 is preferred in respect of Dispur P.S. Case No.381/2023, whereby the petitioner Kishor Das has prayed for releasing him on regular bail. 3. In the FIR, it is alleged that some persons had fraudulently sold land to some other persons at a particular area within the district of Guwahati. Now, the Guwahati Metropolitan Development Authority (GMDA) is evicting those persons from those lands claiming that the land belongs to the State. 4. The same FIR was lodged before Satgaon Police Station also. Thereafter, this Court in Criminal Petition No.258/2023 had stayed the further proceedings of Dispur P.S. Case No.381/2023 on 20.03.2023. Later on, by an order dated 21.04.2023 in Criminal Petition No.258/2023, the said stay order was extended. 5. Even, during that period, the present petitioner was arrested by police in Dispur P.S. Case No.381/2023. 6. Today, Mrs. Das has submitted that there are sufficient incriminating materials against the present petitioner though he is not the kingpin. 7. I have considered the submissions made by the learned counsel of both sides. 8. The petitioner has not been named in the FIR dated 23.05.2025. Moreover, his arrest was made after passing of the said order by this Court. This Court is of the opinion that the arrest of the present petitioner Kishor Das is bad in law. 9. Therefore, his bail application is allowed. 10. The petitioner Kishor Das who was arrested in connection with Dispur P.S. Case No.381/2023, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, Assam. With the above direction, the present bail application is disposed of. JUDGE Comparing Assistant