Page No.# 1/4 GAHC010195602025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2091/2025 GAYA PRASHAD AGARWAL ACS, SON OFL ATE RAMNIWAS AGARWAL, ADDRESS- OFFICE OF CEO, ZILA PORISHAD, DIST. AND P.S. NALBARI, ASSAM, PIN-781334 VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. S CHAMARIA, MR M M ZAMAN,MR A N SARMAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 01.09.2025 1. Heard Mr. S. Chamaria, 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, Gaya Prashad Agarwal, who is apprehending his arrest in connection with Bongaigaon P.S. 125/2025 under Sections 61(2)/318(4)/336(3)/340(2)/329(3) of BNS. Page No.# 2/4 3. The gist of accusation in this case is that on 20.05.025, one Upananda Sarma had lodged an FIR before the Officer-in-charge of Bongaigaon Police Station, inter alia, alleging that a plot of land measuring about 3 Bighas covered by Dag No. 309, situated in Rakhuldubi Tini Ali of Lot No. 5 in Daukijhar Village under Manikpur Revenue Circle in Bongaigaon district, was purchased by one Kaushal Kumbhu. However, in his absence, one Jagdish Barman continued to cultivate the said land. 4. It is alleged in the FIR that in the month of January-February, 2024, the FIR named accused persons have forcefully occupied the land and claimed the same to be their own. It is also alleged that they have managed to mutate their name in the records of rights fraudulently in collusion with the revenue circle officials. 5. The learned counsel for the petitioner has submitted that the petitioner is an ACS officer and presently posted as Chief Executive Officer, Zila Parishad. He submits that the petitioner was never posted in Manipur Revenue Circle in any capacity. He submits that a plot of land regarding which the offence alleged has been committed falls within Manipur Revenue Circle. He also submits that the named accused persons in the FIR have already been granted anticipatory bail by this Court in AB Case No. 1326/2025 on 11.06.2025. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the investigation. He, however, submits that the petitioner has received a notice under Section 35(3) of BNSS directing him to appear before the Investigating Officer on 27.08.2025. 6. It is submitted by the learned counsel for the petitioner that though the petitioner has sought for an extension of time, however, as non-bailable offence Page No.# 3/4 are involved in this case, he apprehends that he may be arrested in connection with this case, if he appears before the Investigating Officer without any protection. 7. On the other hand, the Additional Public Prosecutor has prayed for calling of the case diary. 8. I have considered the submissions made by the learned counsel for both sides. 9. It appears that the named accused persons have already been granted anticipatory bail in this case and as the petitioner is a public servant and was never posted as Circle Officer in Manipur Revenue Circle, this Court is considered the opinion that if he co-operates in the investigation, his custodial detention may not be necessary for fair completion of the investigation of Bongaigaon P.S. 125/2025. 10. Hence, this anticipatory bail application is hereby disposed of with a direction to the above named petitioner to appear before the Investigating Office of Bongaigaon P.S. 125/2025 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 Page No.# 4/4 disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; and 11. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant