Bhaskar Bhuyan v. The State of Assam

ORDER Date : 19.08.2024 Heard Mr. B.K.Mahajan, learned counsel for the petitioner as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent. By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioner, namely, Bhaskar Bhuyan has prayed for Page No.# 2/3 grant of bail in connection with Gingia P.S. Case No.61/2024 under Sections 61(2)/303(2)/318 (4)/317 (2) of BNS, 2023 r/w Section 53 (1) (a) of Assam Excise Act. The matter relates to smuggling of qwc liquor from Arunachal Pradesh to Assam. The learned counsel for the petitioner submits that the petitioner is a police constable who is the owner of the vehicle bearing registration No. AS-12-AK-1900 from which Arunachalee made liquor was recovered. It is submitted that offence under section 303(2)/318 (4)/317 (2) of BNS, 2023 as well as Section 53 (1) (a) of Assam Excise Act attributed in the instant case cannot be made out against the petitioner, which falls within the ambit of Section 63 of the Assam Excise Act, which is bailable in nature. Section 63 of the Excise Act is applicable in this case as the vehicle was used for commission of the crime. There is no allegation in the FIR or the forwarding report that the petitioner was involved in stealing of such Arunachalee liquor which was found in his vehicle. The petitioner has been in judicial custody for last 26 days since his arrest on

25.07.2024 and as such, considering length of detention, the petitioner may be enlarged on bail. The learned Addl.P.P. has submitted that bail may be considered on perusal of case diary. Having heard the learned counsel for the parties and considering the nature of the offence, this court is of the view that further custodial interrogation of the petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 40,000/- with a surety of like amount to the Page No.# 3/3 satisfaction of the learned CJM, Biswanath Chariali, subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned CJM, Biswanath Chariali without prior written permission from him/her;

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010168302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2471/2024 BHASKAR BHUYAN S/O KHAGESWAR BHUYAN RESIDENT OF VILLAGE BURIGANG, UPPOR BAGHMARA ,PS GINGIA, DIST SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. N MAHAJAN, MR. D BORA,MR. P K DAS,MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI