Page No.# 1/4 GAHC010193892025 2025:GAU-AS:12920 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2149/2025 BISWAJIT RAY S/O- DHARMESWAR RAY. R/O- VILL- CHOWARI BARIPARA, BARIPARA NO. 1, CHIRANG, P.S.- BIJNI, ASSAM, PIN- 783393. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR H DAS, D BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 18.09.2025 1. Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondents. 2. This is an application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Biswajit Ray, who is apprehending his arrest in Page No.# 2/4 connection with PRC Case No.1713/2023 (Golakganj P.S. Case No.579/2007) under Section 147/148/149/341/436/326/307/302 of the Indian Penal Code read with Section 4 of the Prevention of Damage of Public Property Act. 3. The learned counsel for the petitioner has submitted that the petitioner was not arrested during the course of investigation. However, he has co-operated in the investigation and the statement was recorded by the police under Section 161 of the Cr.P.C on 29.10.2007. He further submits that though the FIR in this case was lodged in the year, 2007. However, the charge-sheet was laid in the year, 2023. He further submits that after receipt of summons from the Court of learned Judicial Magistrate First Class, Dhubri, the petitioner has appeared through his engaged counsel and sought for adjournment, however, as the Court in which the PRC Case No. 1713/2023 is pending in the Court of Judicial Magistrate First Class, Dhubri. Hence, he apprehends that due to the embargo in Section 480 of BNSS, the said Court may not grant him bail. Even, if he appears personally appear to the said Court and therefore, he prays for allowing the petitioner to go on anticipatory bail. 4. On the other hand, learned Addl. Public Prosecutor has submitted that there are sufficient materials against the petitioner in the charge-sheet as he was the leader on whose instruction the rioting took place and death of the victim. 5. I have considered the submissions made by the learned counsel for both sides. On perusal of the records, it is very strange to note that the charge-sheet under column no.22 against the particulars of the accused against whom, the charge-sheet has been laid. The status of an accused as regards his arrest of bail has been kept blank. Page No.# 3/4 6. It also appears that the statement of the petitioner was recorded by the Investigating Officer during the course of the investigation, which indicates that he had cooperated with the investigation. As the Court in which the PRC Case No.1713/2023 is presently pending in the Court of learned Judicial Magistrate First Class, Dhubri, it may not be grant bail to the petitioner even after his appearance before the said Court. 7. In view of the embargo contents in Section 480(1)(i) of the BNSS, as offence under Section 302 of the Indian Penal Code is involved with this case. Under such circumstances, if the petitioner cooperates with the trial, this Court is of the considered opinion that he may be granted bail in this case. Accordingly, this anticipatory bail application stands disposed of with a direction to the petitioner to appear before the Court of learned Judicial Magistrate First Class, Dhubri in PRC Case No.1713/2023 on 01.12.2025 and Cooperate in the investigation. If he does so on the said date, the committal Court i.e. the said Court shall grant him to go bail of Rs.30,000/- with one surety of like amount to the satisfaction of the said Court with the following conditions:- i. That the petitioner shall cooperate in the trial of PRC Case No. 1713/2023 (Golakganj P.S. Case No.579/2007), ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court. 8. Accordingly, this anticipatory bail application stands disposed of. 9. Send back the case diary. JUDGE Page No.# 4/4 Comparing Assistant