Page No.# 1/4 GAHC010159542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1722/2025 SHRI DILIP PATIR ALIAS KETEP PATIR AND ANR SON OF SUBANKAR PATIR, R/O VILL- KEMI, P.S. JONAI DIST. JONAI, ASSAM PIN-787060 2: DIBASH PAIT S/O LATE SATYA PAIT R/O VILL- KEMI P.S. JONAI DIST. JONAI ASSAM PIN-787060 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR WILDLIFE ASSA Advocate for the Petitioner : MR P R SARMA, MR. S PEGU Advocate for the Respondent : PP, ASSAM, SPECIAL PP ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.07.2025 1. Heard Mr. P.R. Sarma, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Special Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Dilip Patir @ Ketep Patir and 2. Dibash Pait, who are apprehending their arrest in connection with Jonai P.S Case No. 39/2024 under Sections 120-B/353 of the IPC and Section 51 of the Wild Life(Protection) Act, 1972. 3. The gist of the accusation in this case is that on 10.04.2024, one Saraj Doley had lodged an FIR before the Officer-in- charge of Jonai P.S, inter alia, alleging that on receipt of information through credible sources that some miscreants are involved in wildlife poaching and would be dealing with ivory tusks, as such, search teams are constituted and suspected poachers are ambushed. The poachers escaped taking advantage of large bamboo woods, however, two ivory tusks were left behind by them. 4. The learned counsel for the petitioners has submitted that the petitioners are not involved in the offence alleged in this case. However, the police were searching for them after lodging of the FIR. 5. He further submits that police even visited the residents of the petitioners on various dates. However, the learned counsel for Page No.# 3/4 the petitioners submits that in the meanwhile, charge-sheet has been laid against both the petitioners before the Court of learned SDJM(M), Jonai. 6. The learned counsel for the petitioners further submits that though the petitioners has not received any summons from the Court, however, they are apprehending that if they appears before the said Court of learned SDJM(M), Jonai, they would be remanded to the custody as the offence for which charge-sheet has been laid is triable by the Special Court i.e. the Court of learned Sessions Judge, Dhemaji. 7. On the other hand, the learned Special Public Prosecutor has submitted that in this case, charge-sheet has already been laid and the petitioners have not yet received any summonses from the Court of learned SDJM(M), Jonai. He also submits that though the offence u/s 51 of the Wild Life(Protection) Act, 1972 is triable by the Special Court i.e. Court of learned Sessions Judge, Dhemaji, however, presently the case is pending before the committal court and it would certainly commit the case to the competent special court. 8. He further submits that there is no apprehension of the petitioners getting arrested as on date. 9. I have considered the submissions made by the learned counsel for both sides. 10. The competent court would try the offence u/s 51 of the Wild Life(Protection) Act, 1972 is the Court of Sessions, however, as Page No.# 4/4 the maximum punishment which can be imposed under the penal provisions in which the charge-sheet has been laid is only 7 years, even the Court of learned SDJM(M), Jonai is well within its powers to consider and grant bail, if it finds fit to do so. 11. Moreover, as charge-sheet has been laid, the said Court would certainly issue summonses to the petitioners before taking any coercive measures. Hence, this Court is of the considered opinion that at this stage, there is no apprehension of the petitioners getting arrested in connection with PRC Case No.42/2025. 12. Accordingly, this anticipatory bail application is disposed of with an observation that the petitioners may appear before the Court from which they receive summonses and may pray for regular bail before such Court, if so advised. JUDGE Comparing Assistant