Page No.# 1/3 GAHC010201202026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2310/2026 SRI BISWAJIT DAS S/O LATE PURNA KANTA DAS, R/O MILAN NAGAR, C-LANE, TULSHI GAON, CHIRING GAON, P.O C.R BUILDING, P.S DIBRUGARH, DISTRICT DIBRUGARH, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR N N UPADHYAYA, MR. B B KAKATI,MR. V PANDEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.09.2026 Heard Mr. NN Upadhyaya, learned Counsel for the petitioner and Ms. SH Bora, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre arrest bail in connection with Barbaruah PS Case No. 81/2026 registered under Section Page No.# 2/3 316(2)/318(2)/336(2) of BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest was lodged by the Managing Director of Borah KIA, Dibrugarh stating inter alia that the petitioner who was working as a Delivery In-Charge of the dealership and who had the responsibility to collect the full and final payment from customers before vehicle delivery as well as in issuing gate pass did not deposit the amount that he collected from the customer to the cashier. It was also averred in the FIR that the petitioner had also the responsibility to complete vehicle registration with the RTO but it is alleged that he submitted online payment slips for the RTO payment, which do not match the official records. 3. The learned Counsel for the petitioner submits that petitioner had resigned from his job from the said dealership and that the allegations leveled against him are concocted in nature. 4. Ms. SH Bora, learned Additional Public Prosecutor for the State, on the other hand on perusal of the Case Diary submits that other employees of the dealership has stated they have come to know about the misappropriation done by the petitioner and other related misconduct. She further submits that she be permitted to produce more documents including the audit report for consideration of the case. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that allegation made against the petitioner cannot be leveled only against one person while purchase and sale of a car, this Court enlarges the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Arresting Authority under the following conditions: Page No.# 3/3 i) the petitioner will appear before the Investigating Officer within a period of 15 days from the date of the order. ii) the petitioner will appear before the Investigating Officer thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 6. Petition is disposed of. JUDGE Comparing Assistant