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2026 DAILYLAW 3478 (GAU)

SRI HIMANSU MISRA v. THE STATE OF ASSAM

AB/315/2026 · 2026-03-10

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010024822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/315/2026 SRI HIMANSU MISRA S/O SRI PARESH CH. MISRA R/O- NARAKASUR, KAHILIPARA P.O- KAHILIPARA P.S- BHAGADUTTAPUR OUT POST DISTRICT - KAMRUP (M), ASSAM. PIN-781019 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR,ASSAM Advocate for the Petitioner : MR. R K NATH, MR. S D ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 11.03.2026 Heard Mr. R.K. Nath, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. Learned counsel for the petitioner submits that as the police personnel Page No.# 2/3 from the concerned police station were visiting his house and threatening to arrest, therefore he came before this Court. A report was called for from the concerned police station and the same has been received. The learned Additional Public Prosecutor for the State submits that in the report, it is stated that a complaint was received against the petitioner from one Karuna Baruah regarding abuse and assault in a BK tower, Ganeshguri and that subsequently, the petitioner went to the informant's shop/hotel at Kahilipara and started quarrelling and using filthy language and fought with the informant. It is also stated in the report that a general diary entry was made and preliminary enquiry was initiated. However, subsequently no FIR has been registered nor any police case registered till date. In view of the aforesaid position, at this stage the apprehension of arrest would be baseless and therefore, the instant pre-arrest bail application would not be maintainable and accordingly disposed of. Needless to say that if in the future any police case is registered against the petitioner under any non-bailable provision, he would be at liberty to invoke the remedies available in law. JUDGE Page No.# 3/3 Comparing Assistant