Page No.# 1/3 GAHC010116382026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1408/2026 HIROK JYOTI KONCH S/O-RAJANI KONCH R/O-GENICHUK HAHORIAL P.O P.S- RAHMARIA, DIST- DIBRUGARH, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR. Advocate for the Petitioner : MR B P BORAH, MISS. J GOGOI,MR P J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 23.07.2026 1. Heard learned counsel Mr. B. P. Borah for the petitioner Hirok Jyoti Konch who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with PRC Case No. 261/2026 arising out of Rohmaria Police Station Page No.# 2/3 Case No. 04/2026 under Sections 303(2)/317(2)/317(4) of the BNS, 2023. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the respondent State. 3. It is submitted that charge-sheet has been laid against the present petitioner only under Section 303(2) of the BNS. 4. I have seen the copy of the charge-sheet marked as Annexure-C at Page-29 of the petition which clearly reveals that charge-sheet has been laid against the petitioner Hirok Jyoti Konch under Section 303(2) of the BNS. 5. Learned Additional Public Prosecutor has raised serious objection stating that the petitioner was shown as absconder. 6. The petitioner could have approached the Jurisdictional Court for bail despite the fact that NBWA has been issued against the petitioner. The Court would have granted bail. It was not necessary for the petitioner to have appeared before this Court for anticipatory bail. 7. There are prima facie materials against the petitioner which led to the submission of the charge-sheet against the petitioner under Section 303(2) of the BNS. 8. The petitioner has not co-operated with the investigation and he has been shown as absconder. 9. I have considered the submissions at the Bar with circumspection. 10. The petitioner is willing to appear before the Trial Court and co-operate with the trial. 11. Considering the peculiar facts and circumstances of this case, the petitioner is enlarged on pre-arrest bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the Arresting authority under the conditions that:- Page No.# 3/3 (i) The petitioner shall co-operate with the proceedings and the trial of the case, and (ii) The petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. 12. On breach of any of the bail conditions, pre-arrest bail order shall stand cancelled. 13. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant