Page No.# 1/3 GAHC010137682025 2025:GAU-AS:11784 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1427/2025 SABAN ALI S/O- HUSSAIN ALI, R/O- VILLAGE- BAGHBOR, DIST-BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. S UDDIN, MR. D BASUMATARY,MR M HOQUE,MD B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 01.09.2025 1. Heard learned counsel Mr. B. Islam for the petitioner Saban Ali who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Changsari Police Station Case No. 58/2025 under Section 316(3) of Page No.# 2/3 Bharatiya Nyaya Sanhita, 2023 corresponding to GR Case No. 272(K)/2025. 2. Heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. 4. The petitioner in league with his son and committed theft of 600 cases of IMFL. The truck bearing registration No. AS-01-RC7886 was proceeding to M/S J.C. Buisness Pvt. Ltd from Pernod Ricard India Pvt. Ltd., GauripurThe vehicle however did not reach its destination and his mobile phone was found to be switched off. 5. It is submitted by the learned Additional Public Prosecutor that the father- son duo have asked the driver to switch off his mobile phone and after switching off his mobile phone, 600 cases of IMFL have been taken away by the accused. 6. It is submitted on behalf of the petitioner that he is only an agreement holder. 7. The petitioner has also prayed for bail on the ground of parity. It is submitted that all the accused are on bail. The petitioner is innocent. The petitioner is willing to co-operate with the trial. 8. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. 9. At this juncture, it appears that investigation may be adversely effected if the petitioner is insulated by an order of pre-arrest bail. 10. Considering the allegation and the gravity of offence, petition with prayer for Page No.# 3/3 pre-arrest bail stands rejected at this stage of investigation. 11. In terms of the above observation, this application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant