Page No.# 1/4 GAHC010278562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3020/2025 NANINDRA BASUMATARY S/O SRI RAHENDRA BASUMATARY VILL - MAGURMARY, KAZIGAON, P.O AND P.S - KAZIGAON, DIST - KOKRAJHAR, ASSAM, PIN - 783339 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M SARANIA, MR A SARANIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 19.12.2025 Heard Mr. A. Sarania, learned counsel appearing for the accused/applicant. Also heard Mr. P. Borthakur, learned Central Government Counsel appearing for the respondent. This is an application under Section 482 of the BNSS, 2023 praying Page No.# 2/4 for pre-arrest bail to the accused/applicant in connection Kazigaon P.S. Case No.60/2025 registered under Sections 61(1)(b)/ 132/303(2)/351(3) of the BNS, 2023 read with Sections 24(b)/25/41 of the Assam Forest Regulation, 1891. The gist of the allegation as alleged in the F.I.R. dated 05.09.2025 is that on receipt of certain confidential information regarding filing of certain Shaal trees as well as transporting the same through the Gadadhar River, the police team went to the spot and found two 2 nos. of Hydraulic Tractor loaded with Shaal trees. When the police reached the spot, the alleged accused persons could manage to flee away from the spot taking the advantage of darkness. From the spot, the police team found and seized along with the Shaal timbers, one Hero Honda Splender bike bearing Registration No.AS-17D-3552 and 2 nos. of mobile phones. Accordingly, the police registered the Kazigaon P.S. Case No.60/2025 under the aforementioned sections. On investigation, it was found that the motor bike mentioned in the F.I.R. belongs to the present accused/applicant. In view of the aforesaid, the accused/applicant being apprehensive of his arrest, has filed this instant pre-arrest Bail Application. The learned counsel appearing for the accused/applicant submits that the accused/applicant is no way linked to the alleged offence contained in the F.I.R. He submits that, in fact, his motor bike was stolen Page No.# 3/4 by some unknown persons on 03.09.2025 and accordingly, the same was intimated to the Monglajhora Village Defence Party (VDP) on 04.09.2025, giving the details of his motor bike and probable time of loss. He submits that since his vehicle was stolen and used by the aforesaid alleged accused in the F.I.R., he is totally unaware of any kind of mischief or offence committed by some persons named in the F.I.R., who are not known to him. In view of the aforesaid, he submits that since the accused/applicant has serious apprehension of his arrest, he may be allowed to go on pre-arrest bail at this stage. Mr. P. S. Lahkar, learned Addl. P.P., on the other hand, submits that the Case Diary in the case should be called for and on perusal of the same, the prayer made in the application may be considered. He, however, acknowledges that an intimation has been given to the VDP party. Considering the entire facts of the case as well as taking into account the fact that the stealing of the motor bike was intimated on 04.09.2025 before the alleged incident happened, this Court is of the considered opinion that the accused/applicant should be granted the privilege of pre-arrest bail at this stage. Accordingly, it is directed that in the event of his arrest in connection with Kazigaon P.S. Case No.60/2025, the accused/applicant shall be released on bail on furnishing of a bail bond of Rs.20,000/- with a Page No.# 4/4 surety of the like nature to the satisfaction of the arresting authority subject to the following conditions :- (1) That the accused/applicant shall appear before the Investigating Officer within a period of 10 (Ten) days from the date of this order. (2) That the accused/applicant shall not hamper or tamper with the evidence. (3) That the accused/applicant shall cooperate with the investigation and shall appear before the I.O. as and when called for. With the aforesaid directions, this Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant