Page No.# 1/3 GAHC010282872025 2026:GAU-AS:1001 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3016/2025 SRI SURESH PANIKA S/O AJIT PANIKA R/O DELBAR TERANG SARTHE TERANG, KARBI ANGLONG, DIST. KARBI ANGLONG, ASSAM, PIN-782480 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P BORA, MS K SARMA,MS K BHATTACHARYYA,MR H K SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 29.01.2026 1. Heard Mr. P. Bora, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Sri Suresh Panika who is apprehending his arrest in connection with Pulibar P.S. Case No. 134/2025 under Sections 281/105 of BNS, 2023. 3. It is submitted by Mr. Bora, learned Senior Counsel that from the plain reading of the FIR itself, it is seen that the case is purely an accidental one, wherein, there was unfortunate death of a person. The petitioner is also admittedly the driver of the offending vehicle and the only allegation against him is that he was driving the vehicle in rash and negligent manner and hit the person who was on the bicycle. But from the available sources, it is learnt that it is the case of the petitioner that at the time of the accident there are three cars involved in the accident and it is still under investigation which car hit the motorcycle and caused the accident. Accordingly, he submitted that the case ought to have been registered under Section 106(1) BNS, 2023 and there is no ingredients at all to register the case under Section 105 BNS, 2023. 4. The learned Additional Public Prosecutor submits that in the present case, charge-sheet has already been submitted vide Charge-sheet No.141/2025 dated 31.12.2025. 5. Further, he has no instructions as to under which provision of penal law, the same has been submitted. 6. Be that as it may, having regard to the fact that the investigation is over and the nature of the allegations, the custodial detention of the petitioner may not be necessary. Page No.# 3/3 7. The order of pre-arrest bail dated 19.12.2025 is hereby made absolute subject to the conditions : i) That the petitioner shall regularly participate in the trial, if on commences ; ii) That the petitioner shall not try to influence or intimidate the witnesses in any manner; iii) That the petitioner shall not hamper or tamper with evidence. 8. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant