Page No.# 1/3 GAHC010278112025 2025:GAU-AS:17813 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3013/2025 AMIT SINGH S/O SUBASH SINGH, R/O TIYAHJALIA GAON, CHABUA, P.O. AND P.S. CHABUA, DIST. DIBRUGARH, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. K GOGOI, MS. P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 18.12.2025 Heard Mr K Gogoi, learned counsel appearing for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. The present petition has been filed by the petitioner under provisions of section 482 of the BNSS 2023, praying for grant of pre-arrest bail to the petitioner in connection with Margherita P S Case No. 126 of 2025, registered under Sections 303(2)/3(5) of the BNS, 2023, read with Section 21 of the Mines and Minerals Page No.# 2/3 (Development and Regulation) Act, 1957, read with Section 3 of the Prevention of Damage to Public Property Act, 1984. 3. The learned counsel appearing for the petitioner has submitted that the petitioner is the registered owner of a vehicle bearing Registration No. AS-01-SC- 5036. The petitioner also owns about 10 numbers of truck and all the trucks of the petitioner are managed by one of his managers. The counsel for the petitioner submits that in connection with the aforesaid FIR, the truck of the petitioner had been confiscated by the authorities of the Margherita Police Sation, Margherita, Assam. 4. The manager of the petitioner had rented out the truck for business purposes. 5. The learned counsel for the petitioner has submitted that on an application made to the concerned Court of competent jurisdiction, the zimma of the seized vehicle bearing registration No. AS-01-SC-5036 has also been given to the petitioner. The counsel for the petitioner has submitted that the driver who was driving the truck at the point of time when it was seized has also been released on bail by the Learned Court of Competent Jurisdiction. 6. The counsel for the petitioner has further submitted that the manager of the business of the petitioner has also been released on bail after he was arrested. 7. The learner counsel for the petitioner submitted that the petitioner apprehends that as and when he would approach the authorities for taking zimma of the truck, he may be arrested. He, therefore, prays that the petitioner may be allowed the privilege of pre-arrest bail so that he may approach the concerned authorities to participate in the investigation, if required, and also to take zimma of the vehicle No. AS-01-SC-5036. 8. The learned Additional Public Prosecutor has submitted that the anticipatory Page No.# 3/3 bail petition does not deserve consideration since it is admitted that the seized truck was involved in carrying around allegedly stolen coal and therefore, his participation in the investigating procedure is most necessary. 9. We have gone through the contents of the FIR and also the other documents annexed to it. We have also gone through the certified copy of the order produced by the learned counsel for the petitioner granting bail to the driver of the vehicle. 10. In the facts and circumstances, this Court is of the opinion that the present petitioner can be granted the privilege of a pre-arrest bail. Accordingly, the petitioner is allowed to go on bail on furnishing bail bond of Rs. 15,000/-, with one surety of the like amount, to the satisfaction of the investigating authorities, subject to the following terms and conditions: i. That the petitioner shall appear before the Investigating Officer of the Margherita PS Case No. 126 of 2025 to participate in the investigation; ii. That the petitioner shall cooperate with the investigation. iii. The petitioner shall not dispose of the vehicle AS-01-SC-5036, without the written permission of the investigating authorities, till the time the investigation is carried out. 11. Anticipatory bill application disposed of. JUDGE Comparing Assistant