Mithun Sarkar v. The State of Assam

ORDER Date : 06.05.2024 Heard Mr.A. Goyal, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Additional P.P. for the State of Assam. This is an application under Section 438 of the Cr.P.C. in respect of Tarabari P.S. Case No.17/2024 under Sections 341/353 and 294 of the Indian Page No.# 2/2 Penal Code. On the day of the Holi, the petitioner had a scuffle with some police personnel. It is alleged that the petitioner had caused damage to the uniform of the police personnel. Mr. Sarma has objected to this bail application. I have considered the submissions made by the learned counsel of both sides. This Court is of the opinion that for the allegations brought against the petitioner, he does not deserve to be detained in custody. Therefore, his bail application is allowed. It is hereby directed that in the event of arrest in connection with Tarabari P.S. Case No.17/2024, the petitioner namely Sri Mithun Sarkar shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to cooperate with the Investigating Officer as and when required. With the aforesaid direction, the bail petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010088682024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1155/2024 MITHUN SARKAR S/O SRI NAGENDRA NATH SARKAR R/O VILL- BATGAO, MOUZA- CHENGA,P.S. TARABARI, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A GOYAL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA