Page No.# 1/3 GAHC010273682024 2025:GAU-AS:5177 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3393/2024 JAHIRUL ISLAM AND ANR. S/O IDRISH ALI R/O VILL- JHAGRAPAR P.S. DHUBRI DIST. DHUBRI, ASSAM PIN- 783324 2: AFZAL HUSSAIN S/O ESMATULLAH SHEIKH R/O VILL- TIAMARI PART-II P.O. MODHUSOULMARI P.S. AND DIST. DHUBRI ASSAM PIN-78332 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C CHAKRAVARTY, MR H M R HOQUE Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.04.2025 Heard Mr. B. P. Sarmah, learned counsel for the petitioners. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Dhubri P.S. Case No. 328/2024, under Sections 379/413 of the Indian Penal Code read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (corresponding G.R. Case No. 1081/2024). The case was fixed today for production of Case Diary; however, it is submitted by Mr. Goswami, learned Additional Public Prosecutor, that the I.O. has already filed charge-sheet, vide Charge-Sheet No. 31/2025, dated 30.01.2025, and accordingly submitted that the present anticipatory bail application has become infructuous. In this context, Mr. Sarmah, learned counsel for the petitioner, has submitted that during the pendency of the present anticipatory bail application, the petitioner No. 1 has already got arrested. However, the petitioner No. 2, after obtaining the order of interim pre-arrest bail, has already appeared before the I.O. and his statement under Section 161 Cr.P.C. has also been recorded and Page No.# 3/3 hence, prayed for extending the interim pre-arrest bail till his appearance before the learned Court below. Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the I.O. has already filed Charge- Sheet No. 31/2025, dated 30.01.2025, the petitioner No. 2 is hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of this order with an appropriate application for grant of regular bail, which shall be considered by the learned Court below in accordance with law. Till then, interim pre-arrest bail granted to the accused/ petitioner No. 2, namely, Afzal Hussain, vide order dated 24.02.2025, shall remain extended. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant