Page No.# 1/3 GAHC010253442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2757/2025 MD MOFIDUL ISLAM S/O- LATE NURUL ISLAM,VILL - AHMEDPUR BLOCK,P.S - BIHPURIA,DIST - LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 23.04.2026. Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing on behalf of the State respondent. Page No.# 2/3 This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Md. Mofidul Islam who is apprehending arrest in connection with the G.R. Case No. 1236/2013, arising out of North Lakhimpur P.S. Case No.559/2013, under Section 379 of the IPC, pending in the Court of learned CJM, Lakhimpur at North Lakhimpur. The TCR along with the case diary has already been received. But it is submitted by Mr. Borthakur, the learned Addl. P.P., Assam that only on perusal of the case record, the inquiry with regards to the identity of the present petitioner may not be possible at this stage. In that context, Mr. Ahmed, the learned counsel for the petitioner submitted that he is not the person and it is the mistaken identity under which summons were issued to the present petitioner. However, the summons already returned unserved to the learned Trial Court below with a report from the local Gaonburha that no such person resides in that locality. But as the NBWA had already been issued against the present petitioner, he had to approached this Court with the present pre-arrest bail application. Considering the entire facts and circumstances of this case, it is seen that that case of the present petitioner is that he is not the person against whom the FIR was lodged by the informant and only on the mistaken identity, the summons were issued against him. After considering the submissions made by the learned counsel for both sides, it is seen that the learned Trial Court will be the best forum to make an inquiry with regard to the identity of the present petitioner and the informant of the Page No.# 3/3 case may also be called for in this regard to identify the petitioner as to whether he was the person with whom any agreement for purchasing the vehicle was entered by the informant. In view of this, the learned Trial Court below is hereby asked to make an inquiry in regards to the identity of the present accused petitioner as to whether he is the person against whom the FIR was lodged by the informant. However, till completion of the inquiry, the present petitioner will be protected and the interim order passed in favour of the present petitioner will continue till the completion of the inquiry to be conducted by the learned Trial Court below. Accordingly, the present petitioner is hereby asked to appear before the learned Trial Court on 12.05.2026 and the learned Trial Court is hereby asked to complete the process of inquiry within one month from the date of appearance of the petitioner. With the above observation, the present pre-arrest bail petition stands disposed of. JUDGE Comparing Assistant