Page No.# 1/3 GAHC010117612025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1241/2025 LOHIT PATHAK S/O- DEBEN PATHAK. R/O- BHATIPARA, DOLAIGAON, PT-3, P.S. AND DIST.- BONGAIGAON, PIN-783380, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, P SHARMA,MR. MEHUL SHAH,K. DAS,MS. R DEVI,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.06.2025 1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS has been filed by the petitioner, namely, Lohit Pathak, who is apprehending his arrest in connection with Bongaigaon P.S. Case No. 129/2025 under Sections 420/406/409 of the Page No.# 2/3 Indian Penal Code. 3. The gist of accusation in this case is that on 08.04.2024, one Usha Das had lodged an FIR before the Superintendent of Police, Bongaigaon, inter alia, alleging that about 11 years ago one Subhash Mahanta took an amount of Rs.6.5 Lakhs from the informant on the pretext of arranging a plot of land for her. However, nor the said promise was complied with neither the money was returned back. 4. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. He further submits that the nature of accusation made in the FIR is purely of civil nature and the FIR has been filed after 11 years. He further submits that in this case some of the accused who are named in the FIR were arrested and already granted bail by the Chief Judicial Magistrate, Bongaigaon on 30.05.2025. He further submits that the brother-in- law of the petitioner, namely, Mihir Pathak was also arrested in this case and he was also enlarged on bail. However, the police is now asking for the petitioner to appear before it. The petitioner is apprehensive that as non-bailable offences are included in this case he may get arrested though he is an innocent person. 5. Apparently, on perusal of the FIR, it appears that the FIR has been lodged 11 years after the money was taken by one Subhash Mahanta and nothing is alleged against the present petitioner. Moreover, the dispute appears to be pre-dominantly of civil nature. This Court is of considered opinion that the custodial interrogation of the petitioner may not be required if he co-operates in the investigation. 6. In view of the above discussion, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Investigating Page No.# 3/3 Officer of Bongaigaon P.S. Case No. 129/2025 within a period of fifteen days from the date of this order and co-operate in the investigation. If he does so within the 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; 7. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant