Page No.# 1/4 GAHC010226652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2463/2025 BIJAY RAY SON OF LATE SANKAR RAY PRESENTLY RESIDING AT K.C. ROAD, PALTANBAZAR, P.S. PALTAN BAZAR, GUWAHATI-781008, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,A B T HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.10.2025 Heard Mr. J I Borbhuiya, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. PP for the state. Page No.# 2/4 By the last order dated 17.10.2025, this Court had directed the learned Addl. PP to get instructions as to whether the case was filed against the petitioner, however, when the matter is called up today the learned Addl. PP had on instructions stated that no case was filed against the petitioner however, the learned counsel appearing for the petitioner has filed an additional affidavit stating that a case was in fact registered in Chandmari Police Station as Case No. 229 of 2025 u/s 318(4)/316(2) of BNS, 2023 on 04.09.2025, by which it was stated that the vehicle of the owner was missing and the driver who was driving the said vehicle was also not found. Mr. J I Borbhuiya, learned for the petitioner submits that the vehicle that was referred to in a said F.I.R was sold by the informant to the petitioner concerned by agreement dated 01.09.2022, but he submits that although the entire payment was made in respect of the said vehicle but no objection certificate was not issued by the informant and as such a Title Suit was filed before the Court of Honourable Civil Judge (Junior Division) Kamrup Metro, at Guwahati vide Title Suit No. 163 of 2025. By this application the petitioner has now approached this Court for pre arrest bail in connection with the said Chandmari P.S Case No. 229 of 2025. Page No.# 3/4 Mr. B. Sharma, learned Addl. PP however, submits that the Case Diary of the instant case would make the entire scenario clear and has prayed for calling of the same. It is noticed that a deed of agreement for sale of vehicle in respect of the same vehicle which was mentioned in the said F.I.R was entered into between the informant and the petitioner way back in the year 2022 and a Title Suit was also filed in the year 2025 along with 1 application for ad - interim junction. The said case was filed mainly for denying the ownership of the vehicle to the said petitioner. In view of the same, this Court finds it fit that the petitioner may be released on pre arrest bail on furnishing a bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the arresting authority under the following terms:- 1. The petitioner will appear before the arresting authority within a period of 10 days from the date of the order. 2. The petitioner will not temper with the evidence or influence any other witnesses. 3. The petitioner will not leave the place of residence without the prior permission. Page No.# 4/4 The petition disposed of. JUDGE Comparing Assistant