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2026 DAILYLAW 9336 (GAU)

ABDUL BACHIT MAZUMDER v. THE STATE OF ASSAM

AB/1112/2026 · 2026-07-13

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010103522026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1112/2026 ABDUL BACHIT MAZUMDER S/O.ABDUL MALIK MAZUMDER R/O.BARBOND PART-I, P.S. DIST.HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 14.07.2026 1. Heard learned counsel Mr. J. Laskar for the petitioner Abdul Bachit Mazumder 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 Lala Police Station Case No. 43/2026 corresponding to Page No.# 2/3 G.R. Case No. 187/2026 under Sections 316(2)/318(40/336(3)/340(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State. 3. The allegation against the petitioner is that the petitioner had purchased a vehicle on loan and after receipt of the loan, without repaying the loan and the EMIs as hypothecated to the bank, the petitioner fraudulently transferred the vehicle to a 3rd party. 4. It is submitted on behalf of the petitioner that the vehicle bearing registration No. AS01-GD-3565, was transferred in the DTOs Office after verifying the documents. These documents were not forged by the petitioner. It is submitted that the vehicle was transferred to another person. 5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. The documents were forged and fake documents were submitted to transfer the vehicle violating the terms and conditions of the loan and hypothecation while purchasing the aforementioned vehicle. 6. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. 7. Considering the nature of offence, at this juncture, petition with prayer for pre-arrest bail stands rejected. 8. In terms of the above observation, this bail petition stands disposed of. 9. Send back the Case diary. Page No.# 3/3 JUDGE Comparing Assistant