Page No.# 1/3 GAHC010277092024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3423/2024 BHAGAWAT TANTI S/O PUNYA TANTI R/O VILL- MELENG T.E. P.O. MELENG GRANT, P.S. TEOK DIST JORHAT, ASSAM PIN-785634 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR U S BORGOHAIN, MR. R DUTTA,B SONOWAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.01.2025 Heard Mr. U.S. Borgohain, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. Apprehending arrest in connection with the Teok P.S. Case No. 105/2024, under Sections 305(a)/3(5) of the B.N.S., this application under Section 482 of the B.N.S.S., is preferred by applicant namely, Sri Bhagawat Tanti for grant of pre-arrest bail. 3. It is to be noted here that the said case has been registered on the basis of one F.I.R., lodged by one Suchen Bora, on 23.10.2024. The fact of the case is that on 22.10.2024, two persons, namely, Tutu Bhumij and Mithun Tanti, committed theft of one pair of ox from the house of Sushen Bora. Thereafter, they were apprehended and during interrogation, they reveal that the present applicant is also involved in the commission of the same. 4. Mr. Borgohain, learned counsel for the applicant submits that the stolen bulls have already been recovered. Mr. Borgohain further submits that the applicant had approached the learned Sessions Judge of Jorhat and got the privilege of interim pre-arrest bail. However, after receipt of the case diary, the learned trial court had dismissed the bail petition. Mr. Borgohain also submits that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. On the other hand, by producing the case diary before this court, Mr. Sarma, learned Additional Public Prosecutor submits that the I.O. has collected sufficient incriminating materials against the applicant and therefore, Mr. Sarma has contended to dismiss the petition. 6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary produced before this court with the assistance of learned Additional Public Prosecutor. Page No.# 3/3 7. The case diary indicates that the I.O. has collected sufficient incriminating materials against the applicant. It further appears that though the applicant had appeared before the I.O., after getting interim protection by the learned Sessions Judge of Jorhat, in Misc. Criminal Case No. 306/2024, but, after perusing the case diary, the learned trial court had dismissed the bail by observing that the applicant was instrumental in committing the act and mastermind of the same in coordination with the other co-accused and after the theft of the animal, he also paid the other co-accused. 8. In view of above, this court is of the view that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicant and therefore, the same is dismissed. 9. The case diary be returned. JUDGE Comparing Assistant