Page No.# 1/3 GAHC010004992025 2025:GAU-AS:3887 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/64/2025 BHAKTA PRASAD ADHIKARI S/O SRI HARI PRASAD ADHIKARI R/O LAKHIPUR, RAJGARH P.O. AND P.S. GOHPUR DIST. BISWANATH, ASSAM, PIN-784168 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 02.04.2025 Heard Mr. D. Bora, learned counsel appearing on behalf of Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the BNSS, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Gohpur P.S. Case No. 02/2025, under Sections 305/317(2)/111(3)/305/317(2) of BNS, 2023 read with Section 53(1)(A) of Assam Excise Amendment Act, 2022. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Bora, learned counsel for the petitioner, that after obtaining the order of interim pre-arrest bail from this Court on 12.02.2025, the accused/petitioner had already appeared before the I.O. and extended his co- operation in the investigation of this case. Further he submitted that nothing has been seized from the possession of the present accused/petitioner and as per the allegation, 14 (fourteen) numbers of liquor was recovered from the possession of one of the employee who works in the Wine Shop of the present petitioner. However, the petitioner is still ready and willing to co-operate the I.O. in further investigation of the case if he is granted with the privilege of pre- Page No.# 3/3 arrest bail. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that the petitioner already appeared before the I.O. and his statement is also recorded under Section 161 Cr.P.C. Further he submitted that from the materials available in the Case Diary, it is seen that the liquor from Arunachal Pradesh were brought to Assam for selling the same, however, there was no recovery from the present accused/ petitioner and the liquor was recovered from the vehicle which was found in abandoned condition. Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, viz-a-viz the conduct of the accused/petitioner, I find that further custodial interrogation of the present accused/ petitioner may not be necessary for the purpose of investigation and therefore, I find it a fit case to extend the privilege of pre- arrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail, granted to the accused/petitioner vide order dated 12.02.2025, is hereby made absolute in the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant