Bhaskar Patgiri v. The State of Assam

ORDER

06.09.2024

¶1Heard Mr. L. Gogoi, learned counsel for the petitioner Bhaskar Patgiri.

¶2The petitioner has filed this application under Section 482 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is apprehending arrest in connection with Gohpur P.S. Case No. 120/2024 under Sections 61(2)/318(4)/305/317(2) of the BNSS.

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

¶4The allegation against the petitioner is that he was involved in transportation of liquor meant to be sold in Arunachal Pradesh. It is submitted on behalf of the petitioner that he is the owner of a Bolero Pick-up vehicle bearing registration No. AS-25-CC-5690. It is submitted that the petitioner was not aware that the driver and the handyman of the vehicle were involved in smuggling liquor meant to be sold in Arunachal Pradesh.

¶5I have considered the submissions at the Bar. I have scrutinized the Case Diary.

¶6It appears that custodial interrogation may not be required. The petitioner has pledged to co-operate with the remaining part of investigation and to abide by any stringent bail conditions, if imposed upon him.

¶7Considering all aspects, petition is allowed. Meanwhile, in the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

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

(ii) The petitioner shall appear before the Investigating Officer within 1 (one) week and co-operate with the investigation and Page No.# 3/3

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

¶8On breach of any of the bail conditions, bail order shall stand automatically cancelled. Send back the Case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010168472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2193/2024 BHASKAR PATGIRI S/O SRI ROBIN PATGIRI R/O SATRANG BORBALI P.O. AND P.S. GOHPUR DIST. BISWANTH, ASSAM, PIN-784168 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND