Page No.# 1/5 GAHC010139332026 2026:GAU-AS:9992 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1871/2026 BIRINCHI ADHIKARY THE THEN EXECUTIVE ENGINEER, ASSAM FISHERY DEVELOPMENT CORPORATION LTD. (AFDC), SON OF LATE NABA KUMAR ADHIKARY, HOUSE NO. 16 (A), ARAYAN COURT, GANDHI BASTI, P.O. SILPUKHURI, P.S. CHANDMARI, GUWAHATI, DISTRICT- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. P K DAS,MR. N MAHAJAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 21-07-2026 Heard Mr. D Bora, the learned counsel appearing for the accused/applicant. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on Page No.# 2/5 behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for release of the accused/applicant, namely, Birinchi Adhikary in connection with A.C.B. P.S. Case No. 30/2023 u/s 120(B)/406/409 IPC read with Sections 13(1)(a)/13(2) of the P.C. Act, 1988. 3. An FIR was lodged on 21.09.2022 by the Managing Director of AFDC Limited contending that a team of Directorate of Financial Inspection, Govt. of Assam had indicated various financial irregularities and misappropriation of AFDC fund, after verification of official records of AFDC Limited. After receipt of the report, the Managing Director conduced an internal enquiry and found the following officials of AFDC Limited involved in the following works during the relevant period of time i.e. from 2019 to 2021:- 1. Rs. 27,08,719.00 (Rupees twenty seven lakh eight thousand seven hundred nineteen) were fraudulently siphoned off in the name of preparing detailed project report for submitting to National Fisheries Development Board without any instruction from their end. The name of the officials involved are:- i. Naren Chandra Basumatary, ACS, Ex Managing Director ii. Padma Kanta Hazarika, OSD/project Director (Retd.) iii. Jyotish Saikia, Executive Engineer iv. Birinchi Adhikary, Asst. Executive Engineer v. Sabaruddin Ahmed, Asst. Engineer 2. Loss of Rs. 1,53,84,517,00 (Rupees one crore fifty three lakh eighty four thousand five hundred seventeen) due to settlement of Beel Fishery Page No.# 3/5 without adhering any principle of Govt. of Assam in the name of Model Beel as the officials ought to settle through tender process by giving direct settlement. The officials responsible for these loss are:- i. Anuradha Adhikari Sarma, ACB, Ex Managing Director ii. Padma Kanta Hazarika, OSD/Project Director (Reid) iii. Rabindra Nath Deka, Asst. Technical Officer (Retd) iv. Bhagirath Das, Project Manager (Retd). 3. Transfer of Rs. 11,98,48,619.00 (Rupees eleven crore ninety eight lakh forty eight thousand six hundred nineteen) were made without inviting any tender of the development works to various persons in the name of Stake Holder. It was also mentioned that out of the aforesaid amount regarding siphoning of Rs. 27,82,600.00 (twenty seven lakh eighty two thousand six hundred) in respect to Barbila Beel Fishery of Nalbari district a criminal case has already been registered vide Belsar PS case no. 162/22 under section 34, 409, 420 IPC. The said case was filed after receiving reports from Deputy Commissioner of non-proper execution of the said work. The following officials are found to be involved:- i. Naren Chandra Basumatary, ACS, Ex Managing Director ii. Anuradha Adhikari Sarma, ACS, Ex Managing Director iii. Padma Kanta Hazarika, OSD/project Director (Retd) iv. Jyotish Saikia, Executive Engineer v. Jyoti Prasad Saikia, Asst. Executive Engineer vi. Birinchi Adhikary, Asst. Executive Engineer. 4. On receipt of the aforesaid FIR the Officer-in-Charge of A.C.B. police station has registered A.C.B. P.S. Case No. 30/2023 u/s 120(B)/406/409 IPC read with Sections 13(1)(a)/13(2) of the P.C. Act, 1988 on 03.05.2023. Page No.# 4/5 5. In relation to the FIR dated 03.05.2023 registered as A.C.B, P.S. Case No. 30/2023, the accused/applicant was apprehended on 26.05.2026 and since then for last 57 days he is behind the bars. 6. Mr. D Bora, the learned counsel appearing for the accused/applicant submits that the accused/applicant has already spent 57 days behind the bars. He has submitted that the investigation in the instant case has travelled quite a distance and is on the verge of completion and during that time, all relevant documents and other materials required during the investigation, have already been seized and collected by the Investigating Authority. He has submitted that in view of the aforesaid status of the investigation and since the accused/applicant has already been spent 57 days behind the bars, further custodial detention of the accused/applicant may not be required in the instant case. Therefore, he prays that the accused/applicant should be granted bail at this stage. 7. Mr. Sharma, the learned Addl. PP has fairly submitted that investigation in the instant case has progressed a lot and necessary materials and documents have already been collected by the Investigating Authority. 8. Though the Case Diary in the instant case was called for, same is yet to be received. However, taking into account the submissions made by the counsel appearing for the respective parties and the length of detention of the accused/applicant in judicial custody, this Court is of the considered opinion that the accused/applicant should be granted bail at this stage. 9. Accordingly, it is directed that the accused/applicant shall be released on bail on furnishing a bond of Rs. 1,00,000/- (Rupees One lakh) only with one surety of like nature to the satisfaction of the learned Special Judge, Assam. The Page No.# 5/5 accused/applicant, namely Birinchi Adhikary, be enlarged on bail, subject to the following conditions:- (i) that the accused/applicant shall cooperate in the investigation and shall make himself available as and when called for by the Investigating Officer; (ii) that the accused/applicant shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the accused/applicant shall provide the details of his Adhar Card, PAN Card and Passport to the Investigating Officer. 10. In terms of the aforesaid direction, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant