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2025 DAILYLAW 14886 (GAU)

AMZAD HUSSAIN v. THE STATE OF ASSAM

AB/1440/2025 · 2025-07-30

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010137182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1440/2025 AMZAD HUSSAIN S/O- BADIYAT JAMAL. VILL.- GERUKABARI, P.S.- MANIKPUR, DIST.- BONGAIGAON, ASSAM. PIN-783390. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 31.07.2025 Heard Mr. A. M. Ahmed, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 482 BNSS, is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Amzad Hussain, apprehending arrest in connection with Manikpur P.S. Case No. Page No.# 2/3 49/2025 registered u/s 303(2) BNS, 2023, R/W Section 23 of Petroleum Act. The Case diary, as called for, is placed before the Court. The gist of allegation in the FIR in this case is that the present petitioner along with others commit theft of oil from Bhutan border and sell it in Assam without appropriate documents. It is submitted by the learned counsel for the petitioner that the offence committed by the petitioner is bailable offence. It may be mentioned that by order, dated 25.06.2025, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. R.R. Kaushik, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. In the circumstanes, the prayer for bail can be allowed. Accordingly, the interim pre-arrest bail granted vide order, dated 25.06.2025 is hereby made absolute, subject to the following conditions- (i) That the petitioner shall co-operate in investigation as and when required; and (ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Page No.# 3/3 Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant