Page No.# 1/3 GAHC010016692025 2025:GAU-AS:1815 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/185/2025 NANDA DEBNATH AND 2 ORS. S/O- LT BIREN DEBNATH, R/O- BASUGAON WARD NO 4, P.O.- AND P.S- BASUGAON, DIST- CHIRANG, BTAD, ASSAM 2: JAHAR ALI S/O- HABIBOR ALI R/O VILL- SILAKATARI P.S. KOKRAJHAR DIST.KOKRAJHAR BTAD ASSAM 3: SAHIDUL ISLAM S/O- ABDUS SAMAD ALI R/O VILL-BAGLAMARI P.O. BILASPUR P.S. BONGAIGAON DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.02.2025 Heard Mr. P. K. Das, learned counsel for the petitioners and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (i) Nanda Debnath, son of late Biren Debnath, resident of Basugaon Ward No. 4, Police Station-Basugaon, District-Chirang; (ii) Jahar Ali, son of Habibor Ali, resident of village Silakatari, Police Station-Kokrajhar, District-Kokrajhar and (iii) Sahidul Islam, son of Abdus Samad Ali, resident of village Baglamari, Police Station- Bongaigaon, District-Bongaigaon have filed this application under Section 483 BNSS, 2023, praying for their bail in Kokrajhar Police Station Case No. 299/2024, registered under Section 14 of the Game and Betting Act (Assam), 1970, corresponding to G.R. No. 586/2024. 3. It is submitted on behalf of the petitioners that Police in said Kokrajhar P.S. Case No. 299/2024 on 19.12.2024 arrested one Dhananjoy Debnath and one Soy Bahaur Sarma, as they were found selling teer tickets in their shops in violation of the provisions of the Game and Betting Act (Assam), 1970. 4. It is submitted that the petitioner No. 1, Nanda Debnath is the elder brother of said arrested accused Dhananjoy Debnath and that it is the arrested accused persons who falsely implicated all the three petitioners, alleging their involvement in the said crime of selling of teer tickets illegally. 5. From the case diary placed before the Court today by Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam that was called for by order dated 06.02.2025, it is seen that there was rampant sell of teer tickets in the three neighbouring districts of Bongaigoan, Kokrajhar and Chirang in violation of the Provisions of the Game and Betting Act (Assam), 1970. 6. Case diary reveals that petitioner No. 1 used to supply the illegal teer tickets to the arrested accused Dhananjoy Debnath and that the petitioner Nos. 2 and 3 are the agents who used to sale those illegal teer tickets, obtained from different sources. Page No.# 3/3 7. Case diary also reveals that though the petitioners have been informed to appear before the concerned Investigating Officer of the case, they did not appear and fled away from their respective residences. 8. The statements of the independent witnesses so far recorded by the concerned Investigating Officer of the case shows that the three petitioners are very much involved in the sale of illegal teer tickets to different customers, either through the arrested accused persons or by other means. 9. Case diary also reveals that the petitioners used to pay money that were owned by the customers in such illegal play of teer. 10. Considering such materials in the case diary, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioners, namely, (i) Nanda Debnath, son of late Biren Debnath; (ii) Jahar Ali, son of Habibor Ali; and (iii) Sahidul Islam, son of Abdus Samad Ali for their alleged involvement in said Kokrajhar P.S. Case No. 299/2024, registered under Section 14 of the Game and Betting Act (Assam), 1970. 11. Accordingly, this pre-arrest bail application of the petitioners, namely, i) Nanda Debnath, son of late Biren Debnath; (ii) Jahar Ali, son of Habibor Ali; and (iii) Sahidul Islam, son of Abdus Samad Ali in said Kokrajhar P.S. Case No. 299/2024 stands rejected. 12. Return the case diary herewith. JUDGE Comparing Assistant