Page No.# 1/3 GAHC010022962026 2026:GAU-AS:2503 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/250/2026 SRI GOPAL BORAH S/O LATE TARUN BORAH, R/O KADAMTALI CHARIDUAR, PO AND PS RANGAPARA, DIST SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, GOVT OF ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 19-02-2026 Heard Mr. K. K. Handique, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Sri Gopal Borah who is Page No.# 2/3 apprehending arrest in connection with Missamari P.S. Case No. 88/2025 under Sections 305(b)(c)(e)/303(2)/306/317(1)(5) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Handique, learned counsel that the petitioner is innocent and infact there is no case against the present petitioner. He was only suspected of stealing oil from the tanker, but in presence of witnesses it was measured and there found no shortage of oil in the tanker. Accordingly, he submitted that there is no case against the petitioner. 5. However, the present petitioner is ready and willing to extend his cooperation if same is required by the I.O. during the investigation. 6. Mr. Sarma, learned APP submitted in this regard that from the note of the I.O. and the materials in the case diary, it is seen that when the vehicle was seized, the petitioner was absconding. But later on it was found that there is no shortage of oil in the tanker at the time measurement and the oil was found as per invoice. Accordingly it is reported by the I.O. that there is no deficiency of oil in the tanker which was seized in connection with this case. 7. Considering the submission made by the learned counsel for both sides and the materials available in the case diary and other aspects of the case, I find it to be a fit case to extend the privilege of pre-arrest bail to the petitioner. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioner, Sri Gopal Borah in connection with Missamari P.S. Case No. 88/2025 under Sections 305(b)(c)(e)/303(2)/306/317(1)(5) of BNS, 2023, he shall be enlarged on pre-arrest bail on his executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: Page No.# 3/3 (i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of his statement; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioner 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 him from disclosing such facts to the Court or to any police officer. 9. This pre-arrest bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant