Page No.# 1/3 GAHC010028992026 2026:GAU-AS:2407 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./465/2026 BAKUL BORAH SON OF PITI BORAH, RESIDENT OF VILLAGE SUNAPUR GAON, P.O.- LAKHIBARI, P.S.- MERAPANI, DISTRICT- GOLAGHAT, ASSAM, PIN-785603 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K H KHANDAKAR, R PARBIN,ANIMA SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18-02-2026 Heard Mr. K. H. Khandakar, learned counsel for the accused applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the accused applicant, who was arrested on 12.01.2026, in connection with Jamuguri P.S. Case No. 01/2026 corresponding to G.R. Case No. 26/2026 under Section 105 of the BNS, 2023. Page No.# 2/3 3. The prosecution case is, inter alia, that on 12.01.2026, one Srimanta Das lodged a written FIR before the Officer-in-Charge of Jamuguri Police Station, alleging that on the same day, at about 12:30 PM, his maternal uncle, Kushal Das, along with his two grandchildren, Arnab Bhuyan (aged about 11 years) and Parikhit Das (aged about 7 years), were riding a motorcycle while returning home from Jamuguri Jatiya Vidyalaya after school. It is alleged that the motorcycle was hit by an empty dumper driving in the same direction in a rash and negligent manner. The dumper, allegedly driven by the accused applicant, struck the motorcycle from behind, resulting in the death of Arnab Bhuyan and causing serious injuries to Kushal Das and Parikhit Das, both of whom were subsequently hospitalized at Jorhat Medical College. 4. Upon receipt of the FIR, the Jamuguri P.S. Case No. 01/2026 was registered under the aforementioned sections. 5. Learned counsel appearing for the accused applicant submitted that the accused applilcnat, who is the driver of the dumper, voluntarily surrendered before the police and has been in jail for the last 36 days. He further submitted that the FIR itself reveals that no offence under Section 105 of the BNS has been committed; rather, the case should have been registered under Section 106 of the BNS, which is a bailable offence. In view of the aforesaid, he prayed that the accused applicant be granted bail at this stage. 6. Mr. Parasar, learned Additional Public Prosecutor for the State, submitted that the Case Diary should be called for before considering bail. 7. After considering the submissions of the learned counsel for the respective parties and upon perusal of the FIR, this Court is of the view that, since the accused applicant has been in custody for the last 36 days, he should be Page No.# 3/3 granted bail at this stage. Accordingly, it is directed that the accused applicant shall be released on bail forthwith upon furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with a surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Golaghat, Assam, subject to the following conditions: i. that the accused applicant shall cooperate with the investigation; ii. that the accused applicant shall appear before the investigating authority as and when required; iii. that the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person, who may be acquainted with the facts of the case, so as to dissuade such person from disposing such facts before the investigating authority against the accused applicant; 8. In view of the aforesaid directions, the instant bail application stands disposed of as allowed. JUDGE Comparing Assistant