Page No.# 1/3 GAHC010157192026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1725/2026 SRI AMIT KUMAR JAIN AND ANR S/O ASHOK KUMAR JAIN, R/O NEW MISSION ROAD WARD NO. 3 BARPETA ROAD, BARPETA ASSAM 781315. PH. NO. 8876964231. 2: SMTI GUNJA JAIN W/O SRI AMIT KUMAR JAIN R/O NEW MISSION ROAD WARD NO. 3 BARPETA ROAD BARPETA ASSAM 781315. PH. NO. 9957522868 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS M ZOMUANPUII,MR P DOLEY,MR J SINGH,MR H AGARWAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 30.07.2026 1. Heard Mr. J. Singh, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Amit Kumar Jain and Smti. Gunja Jain, have prayed for granting pre-arrest bail, apprehending arrest in connection with Barpeta Road P.S. Case No. 83/2026, registered under Section 318(4)/316(2)/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged by the Deputy Director In-Charge, Food Distribution and Consumer Affairs, Barpeta on 07-07-2026 stating inter alia that the petitioner's mill along with others had violated the agreement executed on behalf of the Government of Assam for milling Government procured paddy and for delivering the said rice to FCI. It is further alleged that for milling 432 quintals of paddy it requires approximately 600 units of electricity but it was noticed that the mill has consumed less than 500 units of electricity. It was therefore, suspected that the mill run by the petitioner as well as other mills have resorted to delivery of rice from other sources which constitutes a violation of the said agreement. 4. The learned counsel for the petitioner, however, submits that due to power shortage, the petitioner has been using a generator for supply of rice to the various Government agencies. 5. However, learned Additional Public Prosecutor for the state Mr. D.P. Goswami, submits that the petitioner's mill has been consuming lesser amount of electricity which shows that the petitioner has been acquiring rice from other sources and supplying it to the Government agencies. 6. I have considered the submissions of the learned counsels and it is seen that the said FIR was only lodged on suspicion and the said use of generator has not been seen. Further, the petitioner submits that he is willing to cooperate with the investigation as such, this Court deems it fit that the petitioner be Page No.# 3/3 released on pre-arrest bail on furnishing of a bail bond of Rs.30,000/- each with one local surety of the like amount each to the satisfaction of the arresting authority under the following conditions that the petitioners: (i) will appear before the Investigating Officer within seven days from today. (ii) will appear before the investigating officer as and when called for without fail. (iii) will not influence the witnesses connected with the incident case. (iv) will not hamper or tamper with the evidence of the case. If the petitioner is found violating any of the conditions, his bail order will be amenable for cancellation. 7. Accordingly, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant