Page No.# 1/4 GAHC010090872026 2026:GAU-AS:8083 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/962/2026 MD BAHARUL ISLAM ALIAS AMBANI S/O LATE MONIR UDDIN R/O RESERVE GAON,P.O. ISLAMGAON, P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 09-06-2026 Heard Mr. B Chowdhury, the learned counsel for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Bihpuria P.S. Case No. 53/2026 u/s 316/318(4) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Chowdhury that the present accused/petitioner is not an FIR named accused and at the time of institution of the FIR, four persons were named and they were accordingly apprehended and the money amounting to Rs. 3,50,000/- also seized from their possession. Apart from that a boat shaped gold like product is also seized from one of the accused/person. The present petitioner is neither an FIR named accused nor there is any involvement of the present petitioner in the alleged offence. But, earlier one case was lodged against him wherein some police personnel visited their village in civil dress to apprehend the present petitioner when some of the villagers restrained the police person from arresting the accused and he could not recognize the police personnel who came in a civil dress. But, after the said incident he got arrested in the said case and subsequently also he was enlarged on bail. But, the police is searching for the present petitioner and with that earlier grudge a case has been lodged against him one after another with some false accusation. However, the petitioner is still ready and willing to extend his cooperation in investigation of this case, if he is granted with the privilege of pre-arrest bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor raised objection and submitted that from the statement made by the co-accused and during investigation it has come out that he is the main culprit of this case who Page No.# 3/4 provided the phone no. and every details of the victim and also supplied the boat shaped gold like product to the co-accused for delivery of the same. Thus under his instigation and under his leadership the entire crime was committed wherein four other accused/persons are also involved. 6. Mr. Borthakur further submitted that the present accused/petitioner has the criminal antecedent and at present 4 nos. of cases have been pending against him vis-à-vis Bihpuria P.S. Case No. 393/2016, Bihpuria P.S. Case No. 48/2024, Bihpuria P.S. Case No. 244/2025 and Dolgaon P.S. Case No. 208/2024. Thus, he is found to be habitual offender and involved in fake gold transactions or other cases in the area of Bihpuria. Mr. Borthakur accordingly submitted that his custodial interrogation will be required and hence he is not at all entitled to grand with the privilege of pre-arrest bail. 7. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary where it is seen that on the day of lodging of the FIR, four accused/persons were named and they were apprehended and one piece of fake gold along with Rs. 3,50,000/- were also recovered from their possession. But, during investigation and while recording the statement of the other co-accused and some of the witnesses it has come out that the present petitioner is involved in the alleged offence and rather he is the culprit/mastermind of the entire crime who even provided the details of the phone no. of the victim to whom the other accused/persons were directed to contact and to obtain Rs. 3,50,000/- showing the delivery of a fake gold. That apart, it is seen that there are many other cases pending against him and some more cases are of similar kind of nature and most of the cases are found under the jurisdiction of Bihpuria police station under Lakhimpur district. Considering Page No.# 4/4 all these aspects of the case and to unearth some facts of the case and some other involvement of the other culprits, it is seen that custodial interrogation may be required for the purpose of just and proper investigation. 8. In view of above, this Anticipatory Bail prayer for the present petitioner is hereby stands rejected and disposed of. Case Diary be returned. JUDGE Comparing Assistant