Page No.# 1/3 GAHC010099102026 2026:GAU-AS:9163 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1059/2026 BINOY RAKSHIT S/O-LATE NARAYAN RAKSHIT R/O- PANIGAON, DURGABARI P.S- NAGAON, DISTRICT- NAGAON ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P DAS, MS N BARUAH,MR K J PATHAK Advocate for the Respondent : PP, ASSAM, MRS. A BEGUM,MD A RAHMAN,A W AMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24-06-2026 Heard learned counsel Mr. P. Das for the petitioner Binoy Rakshit 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 Nagaon Police Station Case No. 332/2026 under Section 303(2) of the BNS, Page No.# 2/3 2023. 2. Heard Ms. A. Begum, learned Additional Public Prosecutor for the respondent State and Mr. A. Mishra, learned counsel for Kartick Saha. 3. I have considered the submissions at the Bar. 4. It is submitted on behalf of the petitioner that the incident took place on the next day of 03.03.2026 i.e., on 05.03.2026, whereas, the FIR was lodged after 2 months i.e., on 07.05.2025. Earlier, a case was lodged against the present petitioner and the petitioner was granted bail in connection with Nagaon P.S. Case No. 181/2026 vide order dated 17.04.2026 by the learned Additional Sessions Judge after perusal of the Case Diary. 5. It is submitted that the petitioner brought up a criminal petition against the zimma order as some goods from his shop were also seized in connection with Nagaon P.S. Case No. 181/2026. The petitioner and the informant namely Kartick Saha (of Nagaon P.S. Case No. 181/2026) have a business rivalry. The petitioner is also running a shop. The goods seized in connection with this case were originally from the petitioner's shop. 6. After the petitioner had brought up a criminal petition for zimma of the seized goods which were seized in connection with Nagaon P.S. Case No. 181/2026, immediately, this FIR was lodged by the S.I., Dewan Rahizuddin Ahmed. 7. Learned Additional Public Prosecutor has submitted that the allegation is that on 03.03.2026, during the investigation, the S.I. seized the goods in Page No.# 3/3 connection with Nagaon P.S. Case No. 181/2026 and the same goods which were seized was stolen by the present petitioner, as alleged in the FIR. 8. Learned counsel Mr. A. Mishra has submitted that the petitioner has again committed theft of the goods which have been recovered by the police and kept under seal in the petitioner’s godown as there were no places available to store the goods. The FIR has not been lodged by Kartick Saha but the FIR has been lodged by the police in this case. 9. Learned Additional Public Prosecutor Ms. A. Begum has submitted that the petitioner has appeared before the Investigating Officer and his statement has been received. 10. I have also scrutinized the Case Diary. I have considered the submissions that the petitioner has appeared before the Investigating Officer and has cooperated with the investigation. I have also considered the progress of investigation. There are indeed incriminating materials in the Case Diary against the petitioner but it appears that custodial interrogation may not be required. 11. Considering all aspects, the interim order dated 22.05.2026 is hereby made absolute. 12. In terms of the above observation, this Anticipatory Bail application stands disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant