Page No.# 1/4 GAHC010149632025 2025:GAU-AS:10368 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1582/2025 SHAHJAHAN AHMED SON OF MOJIBUR RAHMAN R/O H. NO. 37, VILL- RESERVE GAON, ADHAKHANA GAON NO. 2, P.O. SONAPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM PIN- 787054. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.08.2025 1. Heard Mr. B. Chowdhury, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Shahjahan Ahmed, who is apprehending his arrest in connection with Bihpuria P.S. Case No. 107/2025, under Sections 318(4)/316(2)/3(5) of the BNS Act, 2023. 3. The gist of accusation in this case is that one Ram Kumar on 24.05.2025, had lodged an FIR before the Officer-in-Charge of Bihpuria Police Station, inter alia, alleging that one Raju Ali was given Rs. 60,000/- by the informant for treatment of his mother with a promise to return back the same within 3(three) months. However, the same was not done. Instead he was given assurance that he would give some gold items which he missed there and realized the money, and he was asked to do earlier investigation. However, on the said date, the said Raju Ali and his associate Rahul Ali did not turn. 4. The learned counsel for the petitioner has submitted that the petitioner is apprehending his arrest as police is searching for him. He also submits that the petitioner took money from the informant, however, there is a dispute regarding that it would be a dispute of civil nature and the FIR has been lodged only for pressurizing the present petitioner. He submits that the petitioner is ready to co-operate in the investigation. 5. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Bihpuria P.S. Case No. 107/2025, and has submitted that in this case the accused Raju Ali and the present petitioner are the names of one and the same person and it has been revealed during investigation that in fact Raju Ali gave a golden boat to the Page No.# 3/4 informant, which is suspected to be fake gold. 6. He also submits that the sample of the said suspected gold has been sent to the Forensic Laboratory for examination and same has not yet been received. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary, which has been produced by the learned Additional Public Prosecutor. 8. On perusal of the Case Diary, it appears that the main dispute between the parties is regarding non-repayment of loan avail by the present petitioner from the informant, which is predominantly in the nature of civil dispute. 9. As such, 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. 107/2025. 10. 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. 107/2025 within a period of 7(seven) 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 only)with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- Page No.# 4/4 (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. 11. Send back the Case Diary. 12. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant