Page No.# 1/4 GAHC010128122025 2025:GAU-AS:9333 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1373/2025 RANJIT SINGH ALIAS RAM KRISHNA SINGHA AND 2 ORS. S/O BABUREN SINGHA R/O IDGAH ROAD, MANIPURI BASTI ITKHOLA, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788002 2: SRI AMU SINGHA @ O. BUDDHA CH. SINGHA S/O MONITAN SINGHA R/O IDGAH ROAD MANIPURI BASTI ITKHOLA P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN-788002 3: MANOW SINGHA @ JANADHAN SINGHA S/O BABUREN SINGHA R/O IDGAH ROAD MANIPURI BASTI ITKHOLA P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN-78800 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S P CHOUDHURY, MR. S. J. SARKAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21.07.2025 Heard Mr. S. P. Choudhury, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Silchar P.S. Case No. 1010/2018 (PRC Case No. 1027/2024), under Sections 341/325/307/34 of the Indian Penal Code. Scanned copy of the Trial Court Record has already been received and I have perused the same. It is submitted by Mr. Choudhury, learned counsel for the petitioners, that the present accused/petitioners are innocent and they have not committed any such offence as alleged in the F.I.R. Initially, the case was registered under Sections 341/325/34 of the Indian Penal Code, but after filing of the charge- sheet, on the prayer of the I.O., the learned Trial Court had added Section 307 Page No.# 3/4 of Indian Penal Code with an observation that there is no evidence that the accused persons had assaulted the victim with an attempt to commit murder. Thereafter, the petitioner approached the learned Session Judge with a prayer for anticipatory bail under Section 482 of BNSS, but the same was rejected considering that the petition is not maintainable and hence, the present petition has been filed seeking anticipatory bail as Section 307 of the Indian Penal Code has been added subsequently after filing of the charge-sheet. Ms. Das, learned Additional Public Prosecutor, submitted in this regard that as the case has already been charge-sheet under Sections 341/325/34 of the Indian Penal Code and thus, only for the addition of Section 307 of the Indian Penal Code, the petitioners cannot prayed for anticipatory bail and accordingly, she submitted that the present petition is not maintainable and may be rejected at this stage. After hearing the submissions made by the learned counsels for both sides, I have also perused the scanned copy of the Trial Court Record and it is found that earlier the case was registered under Sections 341/325/34 of the Indian Penal Code, but subsequently, on the prayer made by the I.O., Section 307 IPC was added. But only for adding of Section 307 of the Indian Penal Code, the present petition filed under Section 482 of BNSS is not maintainable in the present situation and the learned Session Judge had rightly observed that the petition for anticipatory bail is not maintainable at this stage. However, the petitioners may move a petition for bail only for Section 307 of the Indian Penal Code at the time of committing the case to the learned Session Judge by the learned Judicial Magistrate First Class. But, at present, as stated above, the Page No.# 4/4 present petition under Section 482 of BNSS is not maintainable and accordingly, the same stands rejected. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant