Page No.# 1/3 GAHC010125922025 2025:GAU-AS:7754 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1320/2025 GURUCHARAN TIWARI SON OF SHAMBHU NATH TIWARI R/O WARD NO.7, BIHPURIA TOWN, P.O. AND P.S. BIHPURIA, DIST. LAKHIMPUR, PIN-784161, ASSAM VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR. P GOHAIN, MS M BORAH,MS. K BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.06.2025 1. Heard Mr. P. Gohain, the learned counsel for the petitioner. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 has been filed by the petitioner, namely, Gurucharan Tiwari, who is apprehending his arrest in connection with Bihpuria P.S. Case No. 85/2025, under Sections 305/317(2) of BNS, 2023 in G.R. Case No. 410/2025. 3. The gist of accusation in this case is that on 3rd May, 2025, one Dipankar Goswami had lodged an FIR before the Officer-In-Charge of Bihpuria police station, inter alia, alleging that on that day in the morning, it came to his notice that three battery module (Vision 100 AH) have been stolen by one Jacob Bora and one of the battery was found to be sold to the New Tiwary Hardware Store. 4. The learned counsel for the petitioner submits that the petitioner is no way involved in the offence alleged in this case. He submits that the New Tiwary Hardware Store is owned by the son of the present petitioner and therefore, the police is searching for the petitioner. He submits that the petitioner is ready to co-operate in the investigation. 5. I have considered the submissions made by the learned counsel for both sides. Considering the submissions made by the learned counsel for the petitioner as well as the nature of accusation levelled in the FIR, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Bihpuria P.S. Case No. 85/2025. 6. In view of the above, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Investigating Officer of Bihpuria P.S. Case No. 85/2025, within a period of 7(seven) days Page No.# 3/3 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 interim bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 7. With the above observations, this anticipatory bail application is disposed of. JUDGE Comparing Assistant