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2026 DAILYLAW 11247 (GAU)

PARAG MANI DAS v. THE STATE OF ASSAM

AB/892/2026 · 2026-07-26

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010084582026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/892/2026 PARAG MANI DAS S/O JOGESH CH DAS, R/O VILL BHALUKI, PS PATACHARKUCHI, DIST BAJALI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,MD A RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 27 .0 7 . 2026 Heard Mr. S. Nawaz, learned counsel for the petitioner and Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam for the State respondent.. 2. This application has been filed by the petitioner namely, Parag Mani Das under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking pre-arrest bail, who is apprehending arrest in connection with Belsor P.S. Case No. 25/2026, registered under Sections 3(5)/ 316/ 318(4) of the BNS, 2023. Page No.# 2/3 3. The allegation against the petitioner is that on 06/02/2026 an FIR has been lodged by Sukanta Mug, Branch Manager of State Bank of India, Piplibari Branch before the Officer-in-Charge of Piplibari Police Station against Shri Mofidul Hussain, the erstwhile Branch Manager of Piplibari Branch, and one Parag Mani Das (an outsider/middleman), accusing them of cheating, criminal breach of trust, dishonest misappropriation of money, and acting in furtherance of common intention. It is alleged that Mofidul Hussain, while posted as the single-man Branch Manager, deliberately violated banking norms by sanctioning and disbursing loans without ensuring compliance with mandatory conditions, particularly the stipulation that existing loans must be closed from the new loan proceeds. In connivance with Parag Mani Das, who misrepresented himself as a bank functionary, blank cheques and withdrawal slips were collected from borrowers on the pretext of loan closure. However, the amounts were not credited to the respective loan accounts but were instead fraudulently withdrawn and misappropriated. Irregular EMIs were paid through cash and UPI via suspected middlemen, with portions of the disbursed funds traced to Parag Mani Das's account, establishing a clear money trail. The specific loan accounts involved are those of Anjan Jyoti Deka, Bhupendra Deka, Hemanta Kumar Das, Madan Kalita, and Aswani Das. The complainant states that these acts caused wrongful financial loss to the victim(s) through deliberate deception and abuse of official position and trust. 4. The case diary as called for has been received. 5. Pursuant to interim protection granted to the petitioner he has appeared to the I.O. and his statement has been recorded. 6. A perusal of the case dairy shows that none of the witnesses have implicated the petitioner who is admittedly not an employee of the bank. It Page No.# 3/3 appears that the petitioner has been cooperated with the investigation. 7. Having regard to the same, the order of interim pre-arrest bail dated 04.05.2026 is hereby made absolute upon the following conditions that:- (i) the petitioner shall fully cooperate with the investigation of the case and will appear before the Investigating Officer as and when required in connection with the investigation of the case; and (ii) the petitioner 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 him/ her/ them disclosing such facts to the Court or to any police Officer. 8. The bail application is disposed of. 9. Return the case diary. JUDGE Comparing Assistant