Page No.# 1/6 GAHC040001862026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/12/2026 Jumdo Ori Son of Shri Henjum Ori, a permanent resident of Yigi Kaum Village, PO and PS Aalo, West Siang District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : T T Tara, Taba Tokur,Khoda Apa,Gamken Bam Advocate for the Respondent : Ojing Pada, SC (ACB) BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 17.02.2026 Heard Mr. Gamken Bam, learned counsel for the petitioner. Also heard Mr. Ojing Pada, learned Spl. P.P., Anti-Corruption Bureau(ACB). 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking release of the accused Shri Iken Riba who has been arrested in connection with ACB Police Station Case No. 02/2026, registered under Sections 7/13(2) of the Prevention of Corruption Act, 1988. 3. It is submitted that on 03.02.2026, one Shri Tatung Tania lodged a written First Information Report(FIR) before the Officer-in-Charge of Anti-Corruption Page No.# 2/6 Bureau Police Station, Itanagar, informing that he has completed the execution of the work for which he was issued a work completion certificate by the Executive Engineer, PWD Capital Division. He was supposed to receive a total bill amount of Rs. 40 lakhs against the completion of the work. Out of the total amount of the bill, a cheque amouting to Rs. 20,34,165/- has been issued in favour of his Firm by the accused Shri Techi Joram Tara, Junior Engineer, PWD, Capital Division, Itanagar. Another cheque amouting to Rs. 20 lakhs has also been issued from the Office of the Executive Engineer, Capital Division, Itanagar. However, the accused Shri Techi Joram Tara has kept the second cheque with him and he was demanding a sum of Rs. 8 lakhs being 20% of the remaining work cost from the complainant for release of the said cheque. The said accused Shri Techi Joram Tara openly demanded a bribe of Rs. 8 lakhs from the informant and he is harassing by forcefully extorting money. Based on the said First Information Report(FIR), the police has registered ACB Police Station Case No. 02/2026, registered under Sections 7/13(2) of the Prevention of Corruption Act, 1988. 4. During investigation; on 04.02.2026, a trap was laid to apprehend the accused Shri Techi Joram Tara, red-handed. Accordingly, an amount of Rs. 50,000/- of Rs. 500/- denomination was produced by the informant. The same was tainted with phenolyphthalien powder and being asked by the accused Shri Techi Joram Tara; the informant and an independent witness along with police personnel, went to Junction Café & Restaurant for handing over the bribe money and receiving the cheque of Rs. 20 lakhs from the accused Shri Techi Joram Tara. On that day, the accused Shri Techi Joram Tara suspecting the informant, denied to receive the bribe money and hand over the cheque to him and left abruptly. However, on the next day, i.e. 05.02.2026, the accused Shri Techi Joram Tara called the informant and informed that his driver i.e. the present accused Shri Iken Riba, will come to hand over the cheque and collect the bribe money from the informant. On receipt of such information disclosed by the informant; the informant along with the independent witness and some police personnel were Page No.# 3/6 waiting at Saturday Market near Chimpu. The accused Shri Iken Riba came with one Maruti Ignis and approached the informant saying that he is sent by the accused Shri Techi Joram Tara. The present accused handed over the envelope containing cheque of Rs. 20 lakhs to the informant and received the tainted money. Immediately, the police team who were hiding nearby, came into action and apprehended the accused Shri Iken Riba in the presence of the independent witness. When the hand of the accused Shri Iken Riba was dipped in the solution of Sodium Carbonate, it turned into pink colour. The investigating officer has seized the tainted money and the cheque and on preliminary investigation, the accused Shri Iken Riba has disclosed that he was sent by the accused Shri Techi Joram Tara for handing over the cheque and collecting the item from the informant. Accordingly, the accused Shri Iken Riba was arrested 05.02.2026. 5. The learned counsel for the petitioner submits that the accused Shri Iken Riba is a contingent Multi Tasking Staff(MTS), working under the PWD Capital Division and has been engaged as a Driver attached to the accused Shri Techi Joram Tara, Junior Engineer in the Office of the Executive Engineer, PWD Capital Division, Itanagar. The learned counsel further submits that the accused Shri Iken Riba is innocent and he has acted on the directions of his Officer under whom he was working. The learned counsel for the petitioner submits that the accused Shri Iken Riba is not involved in the alleged corruption. The accused Shri Iken Riba went to handover the envelope containing the cheque given to him by the accused Shri Techi Joram Tara and accordingly, on the day of the incident, he went to hand over the envelope containing the cheque to the informant and collect the item from him purely on the instructions of the accused Shri Techi Joram Tara. The learned counsel further submits that the present accused Shri Iken Riba is ready to cooperate for investigation of the case and is ready and willing to furnish adequate bail and to abide by any terms and conditions imposed for his bail. Page No.# 4/6 6. Mr. Pada, learned Spl. P.P., Anti-Corruption Bureau(ACB), fairly submits that on record, the accused Shri Iken Riba acted only on the directions of the main accused Shri Techi Joram Tara and during investigation, the accused Shri Techi Joram Tara has admitted that on 05.02.2026, after a telephonic conversation; he sent his driver i.e. accused Shri Iken Riba to hand-over the envelope containing the cheque to the informant. Thus, the accused Shri Techi Joram Tara handed over the cheque of Rs. 20 lakhs to the informant through the accused Shri Iken Riba. The accused Shri Techi Joram Tara further clarified that the accused Shri Iken Riba does not know the informant so he instructed Shri Riba to receive the item which the informant would be giving to him in exchange and in turn, the accused Shri Techi Joram Tara would collect the same from him in the evening. 7. The learned Spl. P.P., Anti-Corruption Bureau(ACB), also submits that the accused Shri Techi Joram Tara is the main accused and the present accused Shri Iken Riba has acted for handing over the cheque taking the money only on the instructions of his Officer and therefore, he probably was not aware about the purpose of the said transaction. The learned Spl. P.P., Anti-Corruption Bureau(ACB), further submits that the statment of the accused has already been recorded and under the circumstances, his further custodial interrogation may not be required. 8. Upon hearing the learned counsels appearing for the parties and on perusal of the record, it appears from the record that the main accused Shri Techi Joram Tara, in return of the delivery of the remaining cheque of Rs. 20 lakhs, had demanded Rs. 8 lakhs from the informant being 20% of the bill amount. There was an agreement between the accused Shri Techi Joram Tara and the informant that in return of the delivery of the cheque of Rs. 20 lakhs; the informant would pay an amount of Rs. 8 lakhs to the accused Shri Techi Joram Tara. On the first day, when the day of exchange was fixed, suspecting that the police personnel Page No.# 5/6 were around; the accused avoided handing-over the cheque and taking the delivery of money. However, on the next day i.e. 05.02.2026, the accused Shri Techi Joram Tara instead of going himself, has sent his driver i.e. the present accused Shri Iken Riba and got the cheque delivered to him and in return, received the amount delivered by the informant. The accused Shri Techi Joram Tara clearly instructed the accused Shri Techi Joram Tara to receive the items from the informant in exchange of the envelope to be delivered to him and in turn, he would collect the same in the evening. 9. Prima facie, it appears that the present accused i.e. Shri Iken Riba is not the main accused who is involved in the bribery case and since his statement has already been recorded; his further custodial remand as submitted by the learned Spl. P.P., Anti-Corruption Bureau(ACB), would no longer be required at this stage. 10. In view of the fact as stated above and considering that his further custodial remand is no longer required for the purpose of investigation; this Court is of the view that the bail prayer for release of the accused Shri Iken Riba, can be considered. Accordingly, this bail application is allowed. 11. The accused Shri Iken Riba is directed to be released on bail in connection with ACB Police Station Case No. 02/2026, under Sections 7/13(2) of the Prevention of Corruption Act, 1988; on furnishing a bail bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, PCA, Yupia, subject to the conditions: (i). that he shall cooperate and appear before the Investigating Officer of the case as and when called for; (ii). that he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to Page No.# 6/6 dissuade him from disclosing such facts to the Court or to any police officer; and (iii). that he shall not leave the jurisdictional police station without prior permission of the Court. 12. With the above directions, the bail application stands allowed and disposed of. JUDGE Comparing Assistant