Page No.# 1/2 GAHC010063682025 2025:GAU-AS:3477 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./911/2025 KESHAB KANTA DAS RO BAGHJAN GAON , PS BAGHAJAN , DIST TINSUKIA, ASSAM PERMANENT RESIDENT OF- NAGENDRA NAGAR, P.S. RAMKRISHNA NAGAR, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP.BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.03.2025 1. Heard learned counsel Mr. N. Hasan for the petitioner Keshab Kanta Das. 2. The petitioner has filed this application under Section 483 of the BNSS, Page No.# 2/2 2023 with prayer for bail as he is behind bars since 20.02.2025 in connection with Baghjan Police Station Case No. 02/2025 under Sections 105 of the BNS corresponding to GR Case No. 120/2025. 3. Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that he caused death of the deceased while providing her treatment. It is submitted that the petitioner is wrongly booked under Section 105 of the BNS, 2023. On the contrary, he ought to have been booked under Section 106 of the BNS, 2023. 5. I have considered the submissions at the Bar with circumspection. 6. I have considered the length of detention. It appears that further custodial detention may not be required for the progress of investigation. 7. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Tinsukia. 8. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant