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2026 DAILYLAW 14345 (GAU)

SRI BIPLAB GHOSH v. THE STATE OF ASSAM

AB/1619/2026 · 2026-09-10

Shamima Jahan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010148202026 2026:GAU-AS:13314 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1619/2026 SRI BIPLAB GHOSH SON OF SHRI RANJIT GHOSH, RESIDENT OF EX POLICE LINE, POST OFFICE TEZPUR, POLICE STATION TEZPUR, PIN CODE 784001. DISTRICT SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR. Advocate for the Petitioner : MR. M P CHOUDHURY, MR. S BATHARI,MR. M DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.09.2026 Heard Mr. M. P. Choudhury, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State. 2. By this application, the petitioner has prayed for anticipatory bail in Page No.# 2/3 connection with Tezpur Police Station Case No. 203/2026, registered under Sections 306/316(4)/318(2) of the BNS, 2023. 3. The FIR in connection with which the petitioner apprehends arrest was lodged on 24.04.2026 by the owner of the shop, namely, Darrang Cycle Co., stating, inter alia, that one of the staff members of the said concern had complained that the petitioner had taken a mobile phone and had not paid the consideration thereof. During the enquiry, it was found that the petitioner was involved in taking more mobile phones from the said shop and selling them to others. The learned counsel for the petitioner submits that the instant FIR was lodged after a considerable delay of around one year and that an earlier FIR had also been lodged by one of the staff members of the said shop, in connection with which the petitioner was released on bail. 4. Mr. R. J. Baruah, the learned APP, however, submits that the Case Diary reveals that the petitioner is involved in taking mobile phones from the concerned company and selling them to others. 5. Be that as it may, it is also noticed that the petitioner has been enlarged on interim pre-arrest bail vide order dated 20.07.2026, subject to the condition that he shall appear before the Investigating Officer and co-operate with the investigation. Pursuant thereto, it is seen that the petitioner has appeared before the Investigating Officer and his statement has been recorded. As such, it is noticed that the petitioner has been co-operating with the investigation. Accordingly, this Court deems it fit to make the interim order dated 20.07.2026 absolute, subject to the condition that the petitioner shall abide by the conditions stipulated in the said interim order. Page No.# 3/3 6. The petitioner is disposed of. JUDGE Comparing Assistant