Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010160292025
2025:GAU-AS:10942
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1732/2025 BIRENDRA PRASAD SON OF LATE BHAGABAN PRASAD RESIDENT OF MILANPALLY, NAU-PUKHURI TINSUKIA, P.O., P.S. AND DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A K GUPTA, MR. R S MISHRA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 18-08-2025
Heard Mr. A.K. Gupta, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent.
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2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, namely, Sri Birendra Prasad in connection with Margherita P.S. Case No. 74/2025 (Corresponding to G.R. Case No. 226/2025) under Sections 303(2)/317(4)/324(5)/3(5) of BNS, 2023.
3. Case Diary received. Perused the same.
4. It is submitted by Mr. Gupta, the learned counsel for the petitioner that the present petitioner is innocent and after obtaining the order of interim pre-arrest bail he appeared before the I/O, cooperated in the investigation and his statement is also recorded u/s 183 BNSS. He further submitted that on the day of the incident he was supposed to purchase the parts of the vehicle but when he came to know that there is no document of the said vehicle or other things he did not purchase thing for his scrap shop and thus not involved in the alleged offence. However, he is still ready and willing to extend his cooperation in the further investigation of this case.
5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that after obtaining the order of interim pre-arrest bail, he appeared before the I/O and his statement is also recorded accordingly. He is extending his cooperation in the investigation of this case.
6. In view of this and considering the conduct of the accused/petitioner and other aspects of the case, I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner and accordingly the order of interim pre-arrest bail dated 25.07.2025 is hereby made absolute under the same terms and
Page No.# 3/3 conditions.
7. With the above observations, the pre-arrest bail application stands disposed of.
JUDGE Comparing Assistant