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2026 DAILYLAW 16131 (GAU)

MOHANTI DARIG v. THE STATE OF ASSAM

AB/2522/2026 · 2026-10-06

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010219582026 2026:GAU-AS:15025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2522/2026 MOHANTI DARIG S/O CHANDESWAR DARIG RESIDENT OF TAXI ALI KOMARFODIA, CHAUL KORA NO.1, P.S. SIVASAGAR, DISTRICT SIVASAGAR, ASSAM, PIN 785667 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : B BURAGOHAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 07-10-2026 1. Heard Mr. B. Buragohain, the learned counsel appearing for the accused-applicant. Also heard Ms. A. Begum, the learned Addl. P.P, Assam appearing for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for Page No.# 2/3 granting pre-arrest bail to the accused-applicant, namely Mohanti Darig in connection with Gaurisagar P.S. Case No.29/2026 registered under Sections 126(2)/309(4)/127(2)/3(5) of BNS, 2023. 3. The allegations as alleged in the FIR is to the effect that on 13.09.2026 at around 11:00 p.m, the informant dispatched a Bolero Pick-up vehicle bearing Registration No.AS-05-C-7289 loaded with 16 quintals of live broiler chicken from Golaghat to Dibrugarh. It is alleged that few miscreants wearing khaki uniform intercepted the vehicle carrying broiler chicken and thereafter, the driver of the vehicle and two assistants were tied up and they were forcefully put in another vehicle. It is alleged that later on, the driver of the vehicle and the two assistants were dropped at Moran. It is also alleged that subsequently, they recovered the empty vehicle as well as the driver and the two assistants. 4. The learned counsel appearing for the accused-applicant submits that the accused-applicant has been searched by the police on suspicion. However, he is not involved in the instant case. He further submits that the accused- applicant is ready to cooperate in the investigation and therefore, he should be allowed to go on pre-arrest bail at this stage. 5. The learned Addl. P.P, on the other hand, prays for calling for the case diary. 6. On consideration of the allegations made and the fact that the vehicle as well as the people inside the vehicle have already been found, this Court is of Page No.# 3/3 the considered opinion that this is a case where the accused-applicant should be granted pre-arrest bail. 7. Accordingly, it is directed that in the event of arrest of the accused- applicant by the Investigating Officer in connection with Gaurisagar P.S. Case No.29/2026, he shall be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with one surety of like nature to the satisfaction of the arresting authority, subject to the following conditions: - i) That the accused-applicant shall appear before the Investigating Officer within a period of 10(ten) days; ii) That the accused-applicant shall cooperate with the investigation and make himself available as and when called for by the Investigating Authority; iii) That the accused-applicant shall not hamper or tamper with the investigation in any manner. 8. In terms of the aforesaid directions, the instant anticipatory bail application is disposed of. JUDGE Comparing Assistant