Page No.# 1/3 GAHC010010082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./137/2025 BIJOY KUMAR RAI ALIAS VIJAY KUMAR RAI AND ANR S/O- UPENDRA NARAYAN RAI, R/O- VILLAGE GARUBANDHA, MISSAMARI, P.S- MISSAMARI, DIST- SONITPUR, ASSAM, 2: BIKASH RAI ALIAS BIKASH RAY S/O- SUNDESWAR RAI R/O- VILLAGE CHURCH FIELD P.S -TEZPUR DIST-SONITPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. A K SAIKIA, MR. R K PRADHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 30 .01. 2025 Heard Mr. A.K. Saikia, learned counsel for the petitioners and Mr. K.K. Parasar, learned Addl. PP for the State respondent. Page No.# 2/3 This is an application under Section 483 the BNSS, 2023, seeking bail by the petitioners namely (1) Bijoy Kumar Rai @ Vijay Kukar Rai and (2) Bikash Rai @ Bikash Ray in connection with Missamari P.S. Case No. 116/2024 under Sections 305(a)(b)(c)/ 317(2)(4)/ 3(5) of the BNS. 2023 read with Section 7 of the E.C. Act, 1955. The learned counsel for the petitioners has submitted that the petitioner No. 1 is a business man and he is transporting petroleum products and the petitioner No. 2 is the driver of a tanker loaded with HSD oil for door to door service. When the driver delivered 170 liters of HSD oil to one Binda Devi Traders of Missamari, he was apprehended. It is further submitted that the petitioners did such business with an agreement with IOCL. Both the petitioners were arrested on 19.12.2024 and they have been detained in custody for last 44 days. The petitioners are no way involved with the offence as alleged in the FIR. In view of the above, the petitioners may be released on bail. The case diary is received and perused. The learned Additional Public Prosecutor has produced the case diary and submitted that the length of detention may be considered. On perusal of the case diary, it discloses that substantial part of investigation has been completed. This Court is of the view that further custodial interrogation of the petitioners is not required for the purpose of investigation of this case. Accordingly, it is directed that the accused/ petitioners named above shall be released on bail on furnishing a bond of Rs.,40,000/- (Rupees forty thousand) each with one suitable surety each of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused-petitioners: a) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur without prior written permission from him/ her. Page No.# 3/3 (b) shall not hamper with the investigation and tamper with the evidence of the case; and (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. The bail application stands disposed of in terms of the above directions. Send back the case diary. JUDGE Comparing Assistant