Page No.# 1/4 GAHC010185722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2008/2025 BANI PATHAK ALIAS BANI BRATA PATHAK S/O BIMAL PATHAK VILL- KAILASH NAGAR LAUKHUWA ROAD, P.S. NAGAON SADAR DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.09.2025 1. Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Bani Pathak @ Bani Brata Pathak, who is apprehending his arrest in connection with Mathurapur P.S Case No. 04/2025 under Sections Page No.# 2/4 308(4)/331(4)/318(4)/111(2) of BNS read with Section 25(1-A)/35 of the Arms Act. 3. The gist of accusation in this case is that on 09.03.2025, one Dipankar Baruah had lodged an FIR before the Officer-in-charge of Mathurapur Police Station, inter alia, alleging that one Bhoirab Gogoi named in the FIR as accused No. 1 used to meet the father of the informant Gana Baruah and assured him to get loan from bank on various occasions. It is also alleged in the FIR that every time when a loan is sanctioned, the said Bhoirab Gogoi used to take a share out of that loan which was sanctioned to the father of the informant. In the FIR, the accusation has been made that on more than four occasions, said Bhoirab Gogoi on pretext of arranging a loan from bank, had taken money from the father of the informant. It is also alleged that on 04.12.2022, at about 8:00 PM, the said Bhoirab Gogoi, one person with surname Kalita and one unknown person came to the house of the informant and threatened the informant, his father and his mother by showing a pistol to kill them if they disclose the facts relating to taking of money by the said persons from the father of the informant. 4. The learned counsel for the petitioner has submitted that the petitioner is a bank employee in the capacity of Assistant Manager at Dhing Branch of State Bank of India and he is in no way involved in the offence alleged in this case. He submits that though the name of the petitioner has been mentioned at Serial No. 7 in the FIR, however in the body of the FIR, no allegation has been made against the petitioner. However, as the petitioner has been shown as one of the accused in the FIR, he is apprehending his arrest. 5. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the investigation and, therefore prays for allowing him to Page No.# 3/4 go on anticipatory bail. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Mathurapur P.S Case No. 04/2025 and has submitted that there are materials against the accused No. 1, namely, Bhoirab Gogoi and some other accused persons in the case diary. However, she fairly submits that there is no incriminating material as on date against the petitioner in the case diary. 7. Considering the submissions made by the learned counsel for both sides as well as after the perusal of the case diary, as there are no materials against the present petitioner in the case diary, the prayer for anticipatory bail is allowed. 8. Accordingly, the above named petitioner is directed to appear before the Investigating Officer Mathurapur P.S Case No. 04/2025, within a period of 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) with one surety of like amount, subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; and 9. This anticipatory bail application is accordingly disposed of. Page No.# 4/4 10. Send back the case diary. JUDGE Comparing Assistant