Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010114992026
2026:GAU-AS:8326
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1241/2026 BITAN ROY S/O LATE BADAL ROY, RESIDENT OF WARD NO. 18,RADHARAMAN LANE, SUBHASHNAGAR,P.O, P.S. AND DISTRICT SRIBHUMI, ASSAM,PIN 788710. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MS R DEKA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11.06.2026 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. S.S. Ahmed, learned counsel for the accused/ applicant. Also heard Mr. D.P. Goswami, learned APP for the State. 2. This is an application filed under Section 482 of the BNSS, 2023
Page No.# 2/3 praying for granting pre-arrest bail to the accused/ applicant, namely, Bitan Roy, in connection with Sribhumi P.S. Case No. 111/2026 under Sections 329(4) /189(2)/ 117(2)/ 118(2)/ 109/ 304 of BNS, 2023. 3. An FIR was lodged on 18.05.2026, by one Arijit Dey alleging that on 16.05.2026 at about 10:30 to 11:00 PM, after closing his business activities while he was coming down from his shop along with one Piku Mazumdar, the some persons in a group physically attacked both the informant and the aforesaid Piku Mazumdar and snatched gold ornaments and cash of Rs. 2 (two) lakhs; that due such attack, both the informant and aforesaid Piku Mazumdar suffered injuries. After receipt of the FIR police registered Sribhumi P.S. Case No. 111/2026 under the aforementioned sections. 4. Mr. H.R.A Choudhury, learned senior counsel submits that the accused/ applicant is no way associated or linked with group which has attacked the informant and the aforesaid Piku Mazumdar. He submits that the accused/ applicant is a Head Master in a school who resides 2 (two) KMs from the place where the incident had occurred. He submits that he has been apprehending arrest because one of his relative has been named as an accused and arrested by the police in the instant case and he being a relative, police is visiting his place also. Due to such apprehension, he has filed this instant pre-arrest bail application. Mr. Choudhruy, learned senior counsel further submits that he being a responsible citizen will co-operate with the investigation in the event of his release on pre-arrest bail. 5. Mr.
D.P. Goswami, learned APP, on the other hand opposed the prayer of pre-arrest bail for the accused/ applicant. Page No.# 3/3
6. This Court has gone through materials brought before this Court as well as the submissions made by the counsel appearing for the respective partie. This Court is of the considered opinion that the accused/ applicant should be granted pre-arrest bail at this stage. 7. Accordingly, it is directed that in the event of the arrest of the accused/ applicant in connection with Sribhumi P.S. Case No. 111/2026, he shall be released on furnishing a bail bond of Rs.30,000/-(Rupees Thirty thousand only) with a surety of like nature to the satisfaction of the arresting authority subject to the following conditions:- a. That the accused/ applicant shall appear before the investigating authority within a period of 10 (ten) days from passing of this order. b. That the accused/ applicant shall co-operate with the investigation and make himself available before the investigating authority as and when called for. c. That the accused/ applicant shall not try to influence any of the witnesses that may be connected in the instant case. 8. In above terms the instant AB application is disposed of. JUDGE Comparing Assistant