Page No.# 1/3 GAHC010107572026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1416/2026 SRI BIPUL DEB SON OF LATE BIRENDRA KR. DEB, RESIDENT OF B.G.COLONY ROAD, HOUSE NO.01, POLICE STATION- JALUKBARI, DISTRICT-KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY LEARNED PUBLIC PROSECUTOR, ASSAM . Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR. S. DEY Advocate for the Respondent : PP, ASSAM, MR H ALI BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.06.2026 Heard Mr. S Sarma, the learned Senior Counsel assisted by Mr. T.K. Bhuyan appearing for the petitioner. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the Page No.# 2/3 petitioner, namely, Bipul Deb has prayed for releasing him on bail after he were arrested in connection with Basistha P.S. Case No.160/2026. 3. In this case, on an earlier occasion, the case diary was called for, but the same has not been received. Therefore, Mr. Goswami prays for another date to produce the case diary. Mr. Goswami also objected to the bail prayer. 4. The petitioner Bipul Deb had purchased 2 Katha 10 Lecha of land from a person called Susanta Rudra. On the other hand, Arun Deka and Dipak Deka purchased 1 Bigha of land from the said vendor. Thereafter, Arun Deka and his brother Dipak Deka had tried to encroach the land of the present petitioner Bipul Deb. Therefore, he filed a suit in the Court of the learned Civil Judge (Senior Division) No.3, Kamrup (Metro), Guwahati against Susanta Rudra, Arun Deka and Dipak Deka. The suit is still going on. 5. In the meantime, Arun Deka and Dipak Deka have lodged an FIR before police alleging that the present petitioner Bipul Deb had conspired and entered into an agreement with Susanta Rudra to purchase the land which they had already purchased. Police arrested the present petitioner Bipul Deb and the case has been registered under Sections 61(2)/316(2)318(4)/338/340(2)/351(2) of the BNS, 2023. 6. I have considered the submissions made by the learned counsels of both sides. 7. The case projected in the FIR is purely a civil dispute and the parties are already involved in the civil suit. Therefore, perusal of the case diary is not required in this case. 8. Under the given circumstances, this Court is of the opinion that the present petitioner no longer deserves to be detained in custody. 9. Therefore, the bail application of the petitioner is allowed. 10. It is hereby directed that the petitioner, namely, Bipul Deb, who was arrested in connection with Basistha P.S. Case No.160/2026, shall be released on bail of Page No.# 3/3 ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, Assam. 11. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant