Page No.# 1/3 GAHC010189512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2084/2025 DIPAK KUMAR DAS SON OF BRIJESH CHANDRA DAS, R/O RUKNI PT III, P.O. PALONGHAT, P.S. SONAI, CACHAR, ASSAM, PIN-788116 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M R SODIAL, MS B H SHIRIN,MS S Z HAYAT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19 .09. 2025 Heard Mr. S.R. Sodial learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam for the State respondent. This application has been preferred by the petitioner namely, Dipak Kumar Das under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with Basistha P.S. Case No. 370/ 2025 under Sections 61(2)/ 305(a)/ 317(2)/ Page No.# 2/3 318(4) of the BNS, 2023 read with Section 53(1)(a) Assam Excise (Amendment) Act, 2021. As per the allegation made in the FIR, the recovery Indian Made Foreign Liquor (IMFL) was not made from the petitioner and the driver and the handyman of the truck were arrested and it is submitted that they were subsequently released on bail. It is further submitted that the petitioner had no knowledge about the transportation of IMFL to dry States of India in the vehicle and he was not present in the vehicle while the recovery was made. Upon perusal of the case diary, it appears that there are no sufficient incriminating materials available against the present petitioner. Having regard to the allegation made in the FIR, custodial interrogation of the petitioner may not be necessary. Hence, the prayer for pre-arrest bail is allowed. Accordingly, in the event of arrest of the petitioner namely Dipak Kumar Das in connection with the aforementioned case, he is allowed to go on pre arrest bail on furnishing a bond of Rs.. 20,000/- (Rupees twenty thousand only) with two sureties each of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) That the petitioner shall appear before the I.O. within 10 (ten) days from today. (ii) That the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (iii) That the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts Page No.# 3/3 to the Court or any other police officer, and (iv) That the petitioner shall not hamper with the investigation or tamper with the evidence of the case. The bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant