Page No.# 1/3 GAHC010130322026 2026:GAU-AS:13529 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1402/2026 ARINDAM BORTHAKUR S/O KARTIK BORTHAKUR, RO RUPNAGAR, NEAR TV CENTRE, PO C R BUILDING, DIST DIBRUGARH, PIN 786003, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., MR. U S BORA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 14.09.2026 Heard Mr U S Bora, learned counsel for the petitioners and Mr R J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this application the petitioner has sought for pre-arrest bail in connection with Dibrugarh PS Case No. 40/2026, registered under Sections 316(5) of the BNS, 2023. Page No.# 2/3 3. The First Information Report in connection with which the petitioner is apprehending arrest, was lodged on 12.02.2026, by the Inspector of Posts, Dibrugarh Sub-Division, stating inter alia, that a fraud case was detected at Mohanghat Sub-Post Office, functioning under Dibrugarh Head Post Office, and that during the enquiry, it was detected that a sum of Rs. 15,28,596/- has been misappropriated and that out of the said, recovery to certain extent has been made. It is further alleged that petitioner is one of the offenders of the said offence. 4. The learned counsel for the petitioner submits that after lodging of the said FIR, a full fledged enquiry was conducted and it was found that the petitioner misappropriated only an amount of Rs. 20,000/- and that the petitioner was deployed in the said Sub- Office in short term deputation, i.e., only for a period of less than a week. 5. Mr R J Baruah, learned Additional Public Prosecutor for the State of Assam, however, submits that within the short term deputation of one week, the petitioner got involved in the offence of misappropriating the money. He also submits that there is some negligence on the part of the petitioner. 6. Be that as it may, it has also been observed that the petitioner was enlarged on interim pre-arrest bail on 24.06.2026, but the condition that he should make himself available for interrogation before the Investigating Officer within a period of 7 (seven) days, Mr Baruah, on perusal of the Case Diary, submits that the petitioner has already appeared before the Investigating Officer and his statement has been recorded. As such, Page No.# 3/3 it is seen that the petitioner is cooperating with the investigation and in view of the same, this Court deems it fit to make the order dated 24.06.2026, absolute, on the condition that the petitioner should comply with the directions as well as the conditions given in the said interim order. 7. Anticipatory Bail Application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant