Page No.# 1/4 GAHC010001192026 2026:GAU-AS:1057 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./67/2026 SRI DIPANKAR DEB SON OF SRI DILIP DEB, RESIDENT OF SRIPURIA NETAJI ROAD, P.O., P.S. DISTRICT - TINSUKIA, ASSAM, PIN - 786125. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. SAILENDRA DEKA, MS L RONGPIPI,MR JITENDRA DAS Advocate for the Respondent : PP, ASSAM, MR. N HASAN (INFORMANT) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 29.01.2026 Heard Mr. S. Deka, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State and Mr. N. Hasan, learned counsel for the informant. Page No.# 2/4 2. This is the subsequent bail application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-petitioner, namely, Dipankar Deb, in connection with Tinsukia P.S. Case No. 392/2025, under Sections 306/318(3)/318(4)/314/316(3)/316(4) / 316(5)/61(2) of BNS. 3. This is a subsequent bail application, as the earlier bail petition was rejected on 08.12.2025 in Bail Appln. 3871/2025, after perusal of case diary. 4. The learned counsel for the petitioner fairly submits that he is mainly on the length of detention. The petitioner has been detained in custody since 16.11.2025. 5. The up-to-date case diary has been received. 6. It is submitted by the learned counsel for the petitioner that pursuant to grant of interim bail, the petitioner has not violated any condition imposed therein. It is submitted that the applicable statutory period would be 60 days and the investigation is still not over. It is also submitted that the keys of the warehouse remain in the office not for part of the time and that he did not have sole responsibility of the warehouse all the time. 7. The learned Additional Public Prosecutor submits that perhaps the provision of Section 316(5) of BNS pertaining to aggravated from of criminal breach of trust committed by agent, broker etc. would also come, in which case, the statutory period will be 90 days, considering that the said offences are punishable up-to life imprisonment. The said Page No.# 3/4 submission is also supported by the learned counsel for the informant. The prosecution submits that alleged stolen materials amounting to Rs.1 crore have not yet been recovered. With regard to the statutory period and vis-à-vis interim bail, the learned Additional Public Prosecutor submits a decision of Kerala High Court in the case of Fisal P.J. v. State of Keral, reported in 2025 SCC OnLine Ker 10703, in which it has been clearly stated that period of interim bail should not be counted for reckoning the period for statutory bail. 8. I have perused the statement of the informant/complainant recorded during investigation available in the case diary. 9. The learned counsel for the petitioner submits that the petitioner being an employee of the courier company responsible for transportation would not fall within the definition of agent or broker and therefore, it is submitted that the ingredients of section 316(5) would not come and that statutory period will continue to be 60 days. 10. I find that there has been reasonable progress in investigation, though unfortunately the missing materials have not yet been recovered. 11. Considering all the aspects of the matter; that, the petitioner has been granted interim bail on 08.01.2026 and no any violation of the bail condition has come to notice – therefore, it may not be necessary to cancel his interim bail. This is also keeping in mind the possibility of the statutory period being 60 days prima facie. 12. In such view of the matter, the interim bail granted vide order Page No.# 4/4 08.01.2026 is hereby made absolute subject to the conditions – that the petitioner shall render full co-operation to the remaining investigation and shall appear before the I/O once again for recording further statement; he shall not hamper or tamper with evidence; he shall not misuse his liberty to commit any offences or illegal activities; he shall render his assistance to the extent possible in the efforts of the investigating authority to recover the missing materials. 13. Violation or breach of condition(s) shall entail cancellation of the bail. 14. The petition stands disposed of accordingly. 15. Send back the case diary. JUDGE Comparing Assistant