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2026 DAILYLAW 11513 (GAU)

KANDARPA SAIKIA v. THE STATE OF ASSAM

AB/1722/2026 · 2026-07-29

Shamima Jahan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010153912026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1722/2026 KANDARPA SAIKIA S/O DHARMAKANTA SAIKIA, RESIDENT OF NAWGAON, DIMORIGURI, P.S. SADAR, DISTRICT NAGAON, ASSAM, PIN-782001. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. S SUT,MR. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 30.07.2026 1. Heard Ms. T. Som, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. 2. By this application the petitioner, Kandarpa Saikia has prayed for pre- arrest bail. The petitioner states that although, he is not aware as to whether any FIR is registered against him but he has reasonable apprehension that the Page No.# 2/3 same has been lodged against him in the police station of Bebajia outpost under Nagaon Sadar Police Station. 3. The petitioner states that while he was travelling through the National Highway from Nagaon to Guwahati, a car carrying four occupants overtook his vehicle in a very high speed and as a result, the petitioner could narrowly managed to maintain his vehicle and thereby averting a serious accident. 4. He submits that he stopped his vehicle to inspect whether any damage is done but to his utter surprise, the vehicle which overtook him returned and the occupants of the said vehicle started shouting and accusing the petitioner of driving recklessly. He further stated that the occupants of the other vehicle became very aggressive and started quarrelling with the petitioner and threatened him by taking the name of a renowned politician and that one of the occupants of the said vehicle introduced himself as the son of the said politician. As such, the petitioner states that he apprehends arrest and he has also information that the FIR has been lodged against him and due to the said apprehension, the petitioner be released on anticipatory bail. 5. Mr. D.P. Goswami learned Additional Public Prosecutor for the state submits that he be allowed to get the instruction as to whether any FIR has been lodged against the petitioner. However, upon consideration of the submissions made by the learned counsel and more so due to the fact that pre-arrest bail can be granted without a copy of the FIR provided that the petitioner can show his real and clear fear of arrest for a non-bailable offence which is shown in the instant case, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs.20,000 with one local surety of the like amount to the satisfaction of the concerned authority under the following conditions: Page No.# 3/3 (a) will appear before the IO as and when call for; (b) will not influence the witness connected with the case. (c) will not hamper or tamper with the evidence of the case. (d) will not leave the place of residence without the permission of the concerned authority. 6. Accordingly, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant