Page No.# 1/4 GAHC010156572026 2026:GAU- AS:12643-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4483/2026 ARIJIT DAS S/O - AJIT CH. DAS, R/O- CHURCH ROAD, JUNGLEE KALIBARI, P.S. LUMDING, DISTRICT - HOJAI, ASSAM. PIN- 782447 VERSUS THE STATE OF ASSAM AND 3 ORS THROUGH SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL AFFAIR DEPARTMENT, DISPUR, GUWAHATI. PIN-781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI. PIN-781007. 3:THE SUPERINTENDENT OF POLICE HOJAI ASSAM. PIN-782435. 4:THE OFFICER IN CHARGE LUMDING P.S. DISTRICT- HOJAI ASSAM. PIN- 782447 Advocate for the Petitioner : MR. S C BISWAS, MR. A R DAS,MS. U NANDA,MS A DAS,MR. BHASKAR ROY,MS. S. CHANDA Advocate for the Respondent : GA, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 31.08.2026 (K.R. Surana, J) Heard Mr. S.C. Biswas, learned counsel for the petitioner as well as Ms. R.B. Bora, learned Government Advocate for the respondents. 2. In brief, the case of the petitioner in this writ petition filed under Article 226 of the Constitution of India is that the petitioner had lodged an FIR against a particular accused, and accordingly, Lumding P.S. Case No.79/ 2026 under Sections 140 (3)/303 (2)/117(4)/61(2)(a)/3(5) and added Sections 109(1)/140(4) of the BNS, 2023 was registered. In the said case, the accused was granted interim bail vide order dated 10.06.2026 passed by this Court in Bail Application No.1506/2026 and vide order dated 10.06.2026, the accused was granted pre-arrest bail in AB No.1231/2026 which was later on made absolute. 3. As a counter-blast, the petitioner was again arrested in connection with Lumding P.S. case No. 80/2026 under Sections 296(a)/356(2)/308(5)/196(1)(b) BNS, 2023 and he was granted bail by order dated 17.06.2026, passed by this Court in Bail Application No. 1478/2026. Thereafter, the petitioner was again arrested in connection with Lumding P.S. Case No. 91/2026 under Sections 308(5)/75(2) BNS, 2023, added Section 65(1) of the BNS, r/w Section 6 of POCSO Act, 2012. 4. The petitioner was shown to be arrested in another case before he could be released on bail in connection with Bail Application No.1478/2026. The case registered against the petitioner was Lumding P,S. Case No. 100/2026, under Page No.# 3/4 Section 75(2) of the BNS, 2023 r/w Section 8/12 of the POCSO Act. 5. The learned counsel for the petitioner submitted that the petitioner is being arrested in one case after the other so as to frustrate the order of bail which has been passed in the earlier cases. It is also alleged that these cases are at the instance of the political persons against whom the petitioner had lodged the FIR in Lumding P.S. Case No. 79/2026. 6. Accordingly, the learned counsel for the petitioner has prayed for a direction so that the police authorities disclose the list of all criminal cases pending against the petitioner. 7. In support of the case, the learned counsel for the petitioner has cited the cases of (1) Uday Chand & ors.-vs- Sheikh Mohd. Abdullah, Chief Minister, J&K & Ors, reported in (1983) 2 SCC 417 and (2) Dr.A. Loso -vs- The State of Manipur reported in 1987 2 GLR 292. 8. Heard the learned Government Advocate. 9. Having heard the learned Government Advocate in the matter, Court is inclined to hold that the law settled in the two case cited by the learned counsel for the petitioner is to the effect that the police have a duty to disclose before the Court to which the accused was produced after he was arrested, thereby informing the petitioner about the pendency of any other criminal case and it was also observed that without disclosing of the pending case, the arrest of the petitioner would become illegal. 10. Accordingly, in term of the directions contained in paragraph 7 of the case of Dr.A. Loso (supra), the Court is inclined to direct the police authorities i.e. the Superintendent of Police, Hojai (respondent no.3), as well as the Officer-In- Charge of Lumding Police Station (respondent no.4) to disclose before the Page No.# 4/4 jurisdictional court before whom the petitioner is required to be produced in connection with the case cited above regarding pending criminal case, if any, registered against the petitioner under their respective jurisdiction. 11. Accordingly, the petitioner is permitted to produce a certified copy of the order before the Superintendent of Police, Hojai (respondent no.3) and the said authority, on receipt of the same, will issue appropriate instructions to the Officer-In-Charge of Lumding Police Station (respondent no.4) to do the needful for disclosure of cases and both the authorities shall inform the jurisdictional courts about the pending criminal cases, if any, against the petitioner. 12. With the said directions, the writ petition stands partly allowed to the extent as indicated above at the motion stage without issuing notice on the respondents. JUDGE JUDGE Comparing Assistant