Page No.# 1/3 GAHC010004022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/50/2026 DIPANKAR CHOUDHURY SON OF SHARAT CHOUDHURY RESIDENT OF VILL- BORMURIKONA VTC NO. 1 NATHKUCHI,P.OP. NATHKUCHIP.S. DOBOKA SUB- DIST. TIHU, DIST. NALBARI, ASSAM, PIN-781355 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T N DAS, MS PURABI DEKA,MS JUTISMITA DAS,MR KRISHNANGSHU B Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 07.02.2026 Heard Ms. J. Das, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State. 2. By this application filed under Section 482 of the BNSS, 2023 the Page No.# 2/3 petitioner, viz., Dipankar Choudhury, has prayed for pre-arrest bail in connection with Patacharkuchi Police Station Case No.230/2025 registered under Sections 303(2)/317(4) of BNS, 2023 r/w Section 40/41 of Assam Forest Regulation, 1891. 3. The gist of the accusation in this case is that on 13.12.2025. one Bonojit Das had lodged an FIR before the Patacharkuchi Police Station, inter alia, alleging that on 13.12.2025, one excavator was found excavating soil and mining red sand without valid mining permit and documents for excavation in the forest land. 4. The petitioner was granted interim bail on 09-01-2026 with conditions, pursuant to which he is stated to have appeared before the I/O for recording his and the same is confirmed by the Additional Public Prosecutor, who has also received the case diary. 5. The learned counsel for the petitioner drawing attention to the annexed documents, summits that the petitioner has obtained permission dated 30-10-2025 from the Director, Geology and Mining, Government of Assam. It is also submitted that relevant permission from fire and emergency services, as well as environmental impact assessment approval has also been given to the petitioner. 6. However, the prosecution submits that he has not got relevant permission from the forest department and in the report of the DFO, it is contended that, no permit has been issued to the petitioner for extraction of minor minerals from Kuara area on Kaldia river, nor any Government royalty deposited by him. It is also contended that another criminal Page No.# 3/3 proceeding has been initiated against the petitioner. 7. Nevertheless, while the investigation proceeds to determine whether the petitioner should be sent up for trial for any criminal offence, it may not be necessary to cancel the interim bail and I am of the considered view that, as his statement has also been recorded, pursuant to grant of interim, allowing the bail petition may not prejudice the investigation. 8. In such view of the matter, the interim bail vide order dated 09.01.2026 is hereby made absolute, subject to the conditions – that the petitioner shall continue cooperating with the investigation (ii) he shall not hamper or tamper with evidence (iii) he shall not commit any illegal activities or offences or any activities violative of the forest laws and regulations. 9. Violation or breach of condition(s) shall entail cancellation of the bail. 10. The petition stands disposed of accordingly. 11. Send back the case diary. JUDGE Comparing Assistant