Bibhuti Bhushan Bora v. The State of Assam

O R D E R

09.08.2024

Heard Mr. B.K. Mahajan, learned counsel for the petitioner, namely, Bibhuti Bhushan Bora, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Jagiroad Police Station Case No.136/2024 under Sections 61/316(3)/318(4) of the Bharatiya Nyaya Sanhita, (B.N.S), 2023.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3It is submitted by the learned counsel for the petitioner, Mr. Mahajan, that the petitioner is innocent and is not involved in the alleged offence. The petitioner contends that he is a businessman by profession and is married to Smti. Ranju Moni Saikia Bora, who is the proprietor of a wholesale fertilizer store, namely, M/s Bora Fertilizers Store located near Dhing Gate Over Bridge, P.O.- Haiborgaon, P.S-Sadar Nagaon, Nagaon District. He has further submitted that the police visited his residence in his absence, and consequently, he apprehends of being arrested in connection with this case. He is still ready and willing to co-operate with the I.O. in the further investigation of the case if he is granted with the privilege of pre-arrest bail.

¶4I have considered the submissions at the bar and I have scrutinised the case diary. The petitioner has appeared before the I/O and her statement has been recorded. The petitioner has not violated any bail conditions. I have Page No.# 3/3 considered the submission that the petitioner has pledged to cooperate with the remaining part of the investigation and the petitioner is willing to abide by any stringent bail conditions, if imposed upon him. The petitioner is a local resident and he is not a flight risk

¶5In view of my foregoing discussions, the interim order dated 25.07.2024 passed by a Coordinate Bench of this Court is hereby made absolute under the same terms and conditions.

¶6Accordingly, this anticipatory bail stands disposed of. Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010147262024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1921/2024o BIBHUTIoBHUSHANoBORAo S/OoDURGESWARoBORAo R/OoVILL-oKAWAIMARIo P.O.oHAIBORGAON,oP.S.oNAGAON,o DIST.oNAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoCHAUDHURY,oMR.oDoBORA,MR.oNoMAHAJAN,MR.oPoKo DASo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND