Page No.# 1/3 GAHC010263482025 2025:GAU-AS:17569 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2808/2025 SRI DHARMENDRA MUDOI AND ANR S/O LATE FURAM MODOI RESIDENT OF SUNDARIDIADAKHINHATI, P.O. SUNDARIDIA, P.S. BARPETA, DIST. BARPETA, ASSAM 2: SRI JYOTISH DAS S/O MONU DAS RESIDENT OF SUNDARIDIADAKHINHATI P.O. SUNDARIDIA P.S. BARPETA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N K HALOI, MR. K M HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 17.12.2025 1. Heard Mr. N. K. Haloi, learned counsel appearing for the accused petitioners as well as Mr. K. Baishya, learned Addl. P.P., Assam appearing for Page No.# 2/3 the State respondent. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Dharmendra Mudoi and Jyotish Das, has prayed for granting pre-arrest bail, apprehending arrest in connection with Barpeta P.S. Case No. 365/2025, registered under Section 103(1)/61 of BNS, 2023. 3. The allegation in the FIR is that the petitioner took the victim in an Alto car and pushed him from the car towards pond whereupon he fell and by time he recovered, he had already died. 4. It is submitted by the learned counsel for the petitioner that the petitioners are not at all involved in causing death of the victim and the incident of falling into pond might have taken place after the victim was totally intoxicated. 5. In this regard, statements of some of the witnesses, purportedly eye witnesses, have been recorded some of them are minors and teenagers. All the statements clearly indicate that the witnesses saw the petitioners bringing the victim in an Alto car and pushing him towards the pond and he fell into it. 6. Case diary has been received. 7. Post mortem report is available but final information regarding cause of death has been kept pending for receipt of FSL report. 8. In that circumstances, I do not deem it to be a fit case to grant of anticipatory bail at this stage. 9. Accordingly, the bail petition stands rejected and disposed of. Page No.# 3/3 10. Return the case diary. JUDGE Comparing Assistant