Page No.# 1/3 GAHC010176352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1906/2025 KRISHNA SHAH ALIAS CHANDRA PRAKASH SHAH C/O ANITA DEVI VILL- BHITAR PARUWA, KALI MANDIR P.S. TEZPUR DIST. SONITPUR,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, R ALI,I AMIN,M R CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 14.11.2025 Heard Mr. I. Amin, learned counsel for the accused/applicant. Also heard Mr. K. Baishya, learned Addl. P.P., Assam appearing for the State. This is an application under Section 482 of the BNSS, 2023 praying Page No.# 2/3 for grant of pre-arrest bail to the accused/applicant viz., Krishna Shah @ Chandra in connection with Tezpur P.S. Case No.490/2025 registered under Sections 303(2)/317(2) of the BNS read with Section 53(1)(a) of Assam Excise Act. The allegations in the ejahar dated 09.07.2025 lodged by one S.I. Kaushik Chetia reveals that pursuant to a raid large quantity of IMFL have been recovered and seized from the house of one Anima Das and it was alleged that it came to be known that the room from where those IMFL were seized was in fact was taken on rent by one Krishna Shah i.e. the accused/applicant. A coordinate Bench of this Court has already granted interim bail to the accused/applicant considering the materials brought before the Court vide order dated 08.08.2025. The learned counsel appearing for the accused/applicant submits that in terms of the aforesaid interim bail order dated 08.08.2025, the accused/applicant has appeared before the Investigating Officer on 12.08.2025 and his statement has already been recorded by the Investigating Officer. In view of the aforesaid, he submits that since the accused/applicant is cooperating with the investigation, custodial detention of the accused/applicant is not required and therefore, the order of interim pre-arrest bail so passed earlier may be made absolute. The learned Addl. P.P. for the State submits that the Case Diary in Page No.# 3/3 the instant case is yet to be received. He further submits that since the allegation against the accused/applicant is that large quantity of IMFL which was recovered was in fact taken on rent by the accused/applicant and the investigation in the matter is yet to be completed, the prayer of the accused/applicant should not be allowed at this stage. After considering the matter in its entirety and taking into account that the accused/applicant has already appeared before the Investigating Officer and is cooperating with the investigation, this Court is of the opinion that the interim order so passed earlier on 08.08.2025 should be made absolute. Ordered accordingly. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant