Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 15539 (GAU)

PRADIP NATH v. THE STATE OF ASSAM

AB/2426/2026 · 2026-09-29

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010213022026 2026:GAU-AS:14588 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2426/2026 PRADIP NATH S/O HARMOHAN NATH R/O DINKAR PO KAMALPUR PS KAMALPUR DIST KAMRUP ASSAM PIN 781380 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A K AHMED, MR. R AHMED,MS P KAKATI Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 30.09.2026 Heard Mr. A. K. Ahmed, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Addl. PP for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused applicant in connection with Page No.# 2/3 Kamalpur P.S. Case No. 55/2026 registered under Section 303 (2)/317(2)/3(5) of the BNS read with Section 53 (1) (a) of the Assam Excise Act, 2000. 3. An FIR was lodged by one SI Ramen Pathak of Kamalpur Police Station before the Officer-in-Charge, Kamalpur Police Station alleging that on 07.07.2026 at about 04.30 PM, secret information was received about selling of liquor without license, on reaching the spot, the police recovered IMFL of various brands and size along with 100 litres of country made liquor (Sulai) were recovered from the premises. It is alleged that the owner of the Dhaba Sri Pradip Nath was not present, however, one employee, namely, Srimanta Nath was present and who was arrested, later on. 4. On receipt of the FIR, Police registered the Kamalpur P.S. Case No. 55/2026 under the aforementioned sections. 5. The learned counsel appearing for the accused applicant submits that the alleged liquor has already been seized by the Police and the Manager Shri Srimanta Nath has already been granted bail by the learned SDJM, Rangia. He submits that the accused applicant is the owner of the Dhaba but he is not aware of selling of liquor by the employees of the Dhaba and submits that the accused applicant should be granted interim pre-arrest bail. 6. On the other hand, Mr. K. K. Parasar, learned Addl. PP opposes the prayer for granting interim pre-arrest bail to the accused applicant, at this stage. Page No.# 3/3 7. Taking into account the aforesaid facts of the case as well as the liquor has already been seized by the Police and the accused applicant is willing to cooperate with the investigation, if this Court grants interim pre- arrest, it is directed that in the event of arrest of the accused applicant, namely, Pradip Nath, he shall be released on pre-arrest bail on furnishing a bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i)that the accused applicant shall cooperate with the investigation and shall appear before the Investigating Officer within a period of 10 days from today; (ii)that the accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the investigating officer; and (iii)that the accused applicant shall not try to hamper or tamper with the investigation in any manner, whatsoever. 9. In terms of the above, this Anticipatory Bail application stands disposed of, as allowed. JUDGE Talom Tali, Private Secretary