Page No.# 1/4 GAHC010050882025 2025:GAU-AS:2869 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./700/2025 HARUNAR RASHID S/O- ABDUL KADDUS VILL- KAWAIMARI BLOCK NO 10, PS SARTHEBARI, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H A AHMED, MR. R ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 18.03.2025 Heard Mr. R Ali, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Page No.# 2/4 Public Prosecutor, Assam for the State. 2. The petitioner, namely, Harunar Rashid, son of Abdul Kaddus, resident of village- Kawaimari Block No. 10, P.S.-Sarthebari, District-Barpeta, has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in Patacharkuchi Police Station Case No. 40/2025 under Sections 318(4)/240 of BNS, 2023, corresponding to G.R. No. 52/2025, in which he was arrested on 27.02.2025 and is in custody since then. 3. As per the FIR dated 27.02.2025 lodged by the complainant before the In-charge of Bhawanipur Outpost under Patacharkuchi Police Station, the case is that the petitioner was appearing in the High School Leaving Certificate Examination, 2025 conducted by the Board of Secondary Education, Assam from Datirbori Karagari Higher Secondary School Centre with Roll- B25-0021, No.-0176. On his last date of said HSLC Examination, the Invigilator and the Supervising Officer had certain doubt about him as in his Admit Card his date of birth was shown as 18.07.2006. On being enquired, the petitioner admitted the fact that his date of birth is 18.07.1995 and he had already passed HSLC Examination in the year 2011 conducted by SEBA from Pachim Paka Azad Memorial High School and is pursuing his MA in 2nd Semester in Political Science under K.K. Handique State Open University from its centre at Harendra Chitra College, Bhaktodova. During such questioning, the petitioner also admitted before the Invigilator and the Supervising Officer of the said HSLC Examination Centre that he had appeared in the said HSLC Examination, 2025 so as to reduce his age so that he can appear in different Government Service Examinations including Assam Police Service. 4. Said FIR was initially registered as Bhawanipur Outpost G.D. Entry No. 608 dated 27.02.2025 and on being forwarded was subsequently registered as Patacharkuchi Police Station Case No. 40/2025 under Sections 318(4)/240 of BNS, 2023. 5. Considering his detention since 27.02.2025, the petitioner has filed this bail application, seeking bail in said Patacharkuchi P.S.Case No. 40/2025. 6. Perused the case diary placed before the Court today by Mr. K K Parashar, learned APP, Assam. 7. From the case diary it is seen that one Md. Mahir Uddin, son of late Khabir Uddin of Koyakuchi Pam, District-Barpeta has been subsequently arrested on 09.03.2025 in said Page No.# 3/4 Patacharkuchi P.S. Case No. 40/2025, who gave admission to the petitioner in class-IX at Karagari Pathar Anchalik High School under Bhawanipur Block, District-Barpeta and registered him as an HSLC candidate during the year 2023 by forging various documents. 8. From the case diary, it is also seen that the concerned Investigating Officer of said Patacharkuchi P.S.Case No. 40/2025 has already seized the original Registration Card, Admit Card and Mark-sheet of Class-X HSLC Examination of the year 2011 of the petitioner issued by SEBA, wherein his date of birth has been specifically noted as 18.07.1995. Further, the concerned I.O. has also seized the original Assam State School Education Board (Divison-1) HSLC Examination, 2025 Admit Card, Registration Card issued in the name of the petitioner by SEBA, where his date of birth has been shown as 18.07.2006 showing him as a student of Karagari Pathar Anchalik High School. 9. Considering such materials in the case diary, this Court is of the opinion that further custodial detention of the petitioner is not warranted to investigate said Patacharkuchi P.S. Case No. 40/2025. As such, this bail application of the petitioner is accepted. 10. Accordingly, the petitioner, namely, Harunar Rashid, son of Abdul Kaddus be released on bail in said Patacharkuchi P.S. Case No. 40/2025, on furnishing a bail bond of Rs.75,000/-, with 2 (two) local sureties each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Bajali, Pathsala on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Patacharkuchi P.S. Case No. 40/2025, as and when he is required for necessary investigation of the said case; (ii) shall not leave the jurisdiction of the Patacharkuchi Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 and (v) shall not indulge himself in any criminal offence and/or any criminal activities in future. 11. Failure on the part of the petitioner, Harunar Rashid, to comply with any of the aforesaid terms and conditions, the bail granted to him in aforesaid Patacharkuchi P.S. Case No. Page No.# 4/4 40/2025 shall stand automatically vacated. 12. This bail application accordingly stands disposed of. 13. Return the case diary. JUDGE Comparing Assistant