Page No.# 1/3 GAHC010116042026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1249/2026 MOHIM UDDIN LASKAR S/O EKLAS UDDIN LASKAR, R/O VILLAGE VICHINGCHA PART-II, P.O., P.S. AND DISTRICT HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.06.2026 1. Heard learned counsel Mr. A. M. Barbhuiya for the petitioner Mohim Uddin Laskar who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Hailakandi Police Station Case No. 68/2026 Page No.# 2/3 corresponding to GR Case No. 224/2026 under Sections 61(2)/303(2)/316(2)/318(4) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the respondent State. 3. The allegation against the petitioner is that he had procured power tillers illegally for his wrongful gain. It is submitted on behalf of the petitioner that the petitioner is not responsible for illegal procurement of power tillers as alleged. The petitioner in good faith and on understanding with other 2 farmers has obtained the power tillers. 4. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the present petitioner and his co-accused. 4 power tillers have been procured by the petitioner and 2 of his co-accused. Those power tillers were meant for the genuine farmers but the petitioners have been successful in procuring the power tillers by fraudulent means. 2 power tillers were found in possession of the co- accused, Tahir Uddin. 5. It is submitted on behalf of the petitioner that the power tillers have already been seized. The petitioner's custodial interrogation may not be necessary. It is submitted that the petitioner is willing to co-operate with the remaining part of the investigation. 6. I have considered the submissions at the Bar with circumspection. 7. I have also considered the submission that the petitioner is willing to abide by any stringent bail conditions if imposed upon him. Case Diary also reveals that there are incriminating materials against the petitioner but investigation has progressed to a considerable extent. Page No.# 3/3 8. It appears that custodial interrogation may not be necessary. Thereby, the petitioner's prayer for anticipatory bail is allowed. 9. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioner shall appear before the Investigating Officer within 1 (one) week and cooperate with the investigation, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) The petitioner shall refrain from such activities with which he is alleged, and (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, anticipatory bail shall stand automatically cancelled. 11. In terms of the above observation, this anticipatory bail stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant