Page No.# 1/3 GAHC010277322024 2025:GAU-AS:212 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1289/2024 SWAPAN KR. BASUMATARY AND ANR. S/O MAHENDRA BASUMATARY, R/O VILL- BHADULIPARA, P.O. BOROBAZAR DIST. CHIRANG,BTAD, ASSAM VERSUS THE CENTRAL BUREAU OF INVESTIGATION AND ANR 6 CGO COMPLEX, LODI COLONY, NEW DELHI-3 2:THE STATE OF ASSAM REP BY THE PP ASSA Advocate for the Petitioner : MR. M KHAN, Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 07.01.2025 Heard Mr. M Khan, learned counsel for the applicants/petitioners and Mr. M Haloi, learned Special Public Prosecutor, CBI. 2) The applicants, namely, (i) Swapan Kr. Basumatary, son of Mahendra Basumatary, resident of Village-Bhadulipara, Police Station-Borobazar, District-Chirang, BTAD, Assam and Page No.# 2/3 (ii) Santosh Kr. Muchahary, son of late Enam Muchahary, resident of Village- Choraikhosara, District-Chirang, BTAD, Assam, as petitioners, have preferred the connected anticipatory bail application under Section 482 BNSS, 2023 being A.B. No. 1761/2024, praying for their pre-arrest bail in Bijni Police Station Case No. 74/2024 registered under Sections 420/406/34 of the IPC, wherein, the State of Assam is the sole opposite party, which is presently pending for adjudication. 3) The Government of Assam, in the meanwhile, handed over the investigation of said Bijni P.S. Case No. 74/2024 to the CBI and presently the investigation of the said case is carried out by the CBI. 4) Hence, those petitioners of A.B. No. 1761/2024 have filed this application for incorporation of the CBI as party respondent No. 2 in the connected A.B. No. 1761/2024 that is pending for consideration. 5) Since the CBI is carrying out the investigation of said Bijni Police Station Case No. 74/2024, after being handed over to it by the State Government; therefore the CBI is a necessary party for adjudication of said A.B. No. 1761/2024, preferred by the applicants as petitioners. 6) Mr. M Haloi, learned Special Public Prosecutor, CBI as well as Mr. B Sarma, learned Additional Public Prosecutor, Assam do not have any objection in incorporating the CBI as party respondent/opposite party No. 2 in said A.B. No. 1761/2024. 7) Accordingly, this Interlocutory Application is allowed regarding incorporation of the CBI as party, respondent No. 2 in the connected A.B. No. 1761/2024. 8) Registry is directed to do the needful correction in the cause title of said A.B. No. 1761/2024. 9) Registry shall also reflect the name of the CBI in the cause list under the respondent column against the said A.B. No. 1761/2024. 10) Petitioners shall serve a copy of the connected A.B. No. 1761/2024 to Mr. M Haloi, learned Special Public Prosecutor, CBI on or before 09.01.2025, obtaining necessary acknowledgment in that regard. Page No.# 3/3 11) List the connected A.B. No. 1761/2024 on 22.01.2025 along with A.B. No. 2017/2024 for bail hearing. 12) With the above observations and directions, this interlocutory application stands allowed to the extent above. JUDGE Comparing Assistant