Page No.# 1/3 GAHC010066342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/730/2025 PRASANNA KUMAR BHUYAN S/O JYANENDRA NATH BHUYAN, R/O FLAT NO. 3-L, 3RD FLOOR BLOCK-C,PROTECH PRIME,KALYANI SAGAR PATH, BHAGADUTTAPUR, IN-781019,IN THE DISTRICT OF KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A K BHUYAN, MR J DAS,MR. M BORAH,MS. N CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.10.2025 Heard learned counsel Mr. A.K Bhuyan for the petitioner Prasanna Kumar Bhuyan, who has filed this application under Section 482 of the BNSS, 2023 with prayer of pre-arrest bail, as he is apprehending arrest in connection with Dispur PS Case No. 189/2025 under Sections 316(2)/316(4)/318(4) of BNSS, 2023. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. Page No.# 2/3 The petitioner is apprehending arrest as notice has been issued against him in connection with Dispur PS Case No. 189/2025 under Sections 316(2)/316(4)/318(4) of BNSS, 2023. The allegation is that he is involved in misappropriation of funds from the ATM at Borbari of Central Bank of India along with the co-accused to the tune of Rs 51,13,000/-. It is submitted on behalf of the petitioner that the FIR itself unfolds that the misappropriation was detected from 28.11.2021 up to 31.12.2023, whereas the petitioner worked in the Central Bank of India, Borbari Branch only for 99 days from 08.05.2023 up to 10.07.2023. During the relevant period when the alleged offence occurred mostly the petitioner was on leave. Part of annexure-C series where the employee details are reflected clearly reveals the leave period of the petitioner that he was on leave mostly during the period of the alleged offence. It is further submitted that Annexure-J of the petition clearly reveals that the ATM machine was not functioning properly and there was an order to detect whether the anomalies were caused by malfunctioning of the ATM machine or by the bank employees. Case diary, as called for, has been received. It appears that pursuant to the interim protection granted by this Court, the petitioner has appeared before the I.O. and has given a detailed statement. I have also perused the statement of the other co-accused and also the reply to the show-cause submitted by the petitioner in the disciplinary proceeding. It appears from the materials on record that with regard to the Page No.# 3/3 malfunctioning of the ATM machine, the superior officials of the Regional Office, after due verification of the ATM machine and after loading cash in the ATM machine, took away the ATM machine keys with them for verification and rechecked the machine on the next date and the same problem arose, which has been taken note of by the Regional Office. Therefore, there appears to be a strong possibility that the discrepancy in the amount took place on account of the malfunctioning of the ATM machine. It also appears that CCTV footage around the ATM machine did not indicate any foul play. Moreover, as already noted, the alleged malfunctioning was detected from 28.11.2021 up to 31.12.2023, during which period the petitioner worked in Borbari Branch only for 99 days. From the above facts and circumstances, it does not appear that custodial interrogation of the petitioner is called for. Accordingly, the prayer for pre-arrest bail is allowed. Interim order passed earlier on 28.03.2025 is hereby made absolute subject to the conditions that the petitioner shall not hamper the investigation or attempt to temper with the evidence and shall fully co-operate with the investigation. Send back the CD. The anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant