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2025 DAILYLAW 19878 (GAU)

BHADRA KANTA BORO v. THE STATE OF ASSAM

AB/2371/2025 · 2025-09-25

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010218992025 2025:GAU-AS:13492 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2371/2025 BHADRA KANTA BORO S/O THANESWAR BORO RESIDENT OF DAROGAKHAT, PS UDALGURI, DISTRICT UDALGURI, BTAD, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MS M BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 26.09.2025 Heard Mr. K. K. Handique, learned counsel for the petitioner and Mr. K. Baishya, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the petitioner, viz., Sri Bhandra Kanta Boro has prayed for pre-arrest bail in Page No.# 2/3 connection with Kalaigaon Police Station Case No.51/2025 registered under Sections 308(5)/3(5) of the BNS, 2023. The F.I.R. dated 09.09.2025 reflects that the informant had sold 32 bags of dry nuts in the market and after selling the same and earning a sum of Rs.3,90,000/- he sent the same through the driver of the vehicle with which he went to the market and that when the driver was going towards his village, two persons accosted the vehicle and took away the money from the said driver. Mr. Mondal, learned counsel for the petitioner submits that the petitioner has no connection whatsoever with the said offence but the police personnel went to his house and found an amount of Rs.1,00,000/- in his house and on suspicion accuses the petitioner in the said offence. The learned counsel submits that the cash that is found in the house of the petitioner was owned by his wife, who was a member of a self help group and who had withdrawn the money from her account before the day of occurrence. On the other hand, Mr. K. Baishya, learned Addl. P.P. for the State vehemently opposes the prayer for pre-arrest bail and submits that the Case Diary may be called to see the complicity of the petitioner in the said offence. Upon consideration of the submissions made by the learned counsel for the parties and more so, in view of the fact that the petitioner was accused of the offence only on suspicion, this Court deems it fit that the petitioner may be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with one local surety of the like amount to satisfaction of the arresting authority under Page No.# 3/3 the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the jurisdiction of the arresting authority without prior permission. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant