Harjyoti Baishya @ Biki v. The State of Assam

ORDER

22.07.2024

¶1Heard learned counsel Mr. B. Chowdhury for the petitioner Harjyoti Baishya @ Biki.

¶2This application has been filed by the petitioner under Section 483 of the Page No.# 2/3 BNSS with prayer for bail as he is behind bars since 21.05.2024 in connection with Jagiroad P.S. Case No. 95/2024 corresponding to GR Case No. 599/2024 under Section 392 of the IPC.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted on behalf of the petitioner that the petitioner is not named in the FIR. The allegation against the petitioner is that he is involved in hijacking the truck containing alcohol valued at RS. 11,35,683/-. It is submitted that the prime accused who had already been arrested have been enlarged on bail in connection with B.A. No. 1760/2024 vide order dated 24.06.2024 passed by this Court.

¶5The petitioner has also prayed for bail on grounds of parity.

¶6I have considered the submissions at the Bar with circumspection.

¶7The petitioner has been behind bars for more than 60 days.

¶8It appears that investigation may have presumably progressed to a considerable extent. It is further submitted that major part of the stolen alcohol had already been recovered from the possession of Ajit Barman.

¶9I have also considered the submission that the petitioner is willing to co-operate with the investigation and to abide by any stringent bail conditions, if imposed upon him.

¶10Considering all aspects and in view of my foregoing discussions, Petition is Page No.# 3/3 allowed. The petitioner is enlarged on bail of Rs 30,000/- (Rupees thirty thousand), with a suitable surety of like amount to the satisfaction of the learned CJM, Morigaon under the conditions that:

(i) the petitioner shall refrain from such activities with which he is alleged, and

(ii) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶11On breach of any of the bail conditions, bail order shall stand automatically cancelled.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010141622024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2079/2024 HARJYOTI BAISHYA @ BIKI S/O LATE KAMALESWAR BAISHYA, R/O VILL- KALDI, P.S.-MUKALMUWA, DIST-NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND