Shri Prabhat Hazarika v. The State of Assam

ORDER Date : 04.12.2024

Heard Ms. A. Das, learned counsel appearing for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner in respect of Dibrugarh P.S. Case No. 619/2023.

¶3The Assistant General Manager and Zonal Manager of Indian Bank had lodged an FIR Page No.# 2/2 before police alleging that the petitioner being the Head Cashier and another employee, namely, Monuj Basfore of the said bank used to cheat people. Giving some examples, the informant has stated that whenever a customer had withdrawn a cash amount of Rs. 90,000/- from the bank, he was given only Rs. 20,000/-. Similarly, customers who have put their thumb impression to withdraw the money, they were also not given the actual amount.

¶4It is further alleged that some amounts of money were transferred to different bank accounts. The informant has disclosed that some other persons might also be involved with the present petitioner.

¶5Mr. Baishya has submitted that the case diary reveals some persons, who are not employees of the bank, are also involved in this case. Therefore, a thorough enquiry is required.

¶6This Court finds force in the submissions made by Mr. Baishya. Therefore, it is not the case for exercising the power u/s 482 of the BNSS, 2023.

¶7With the aforesaid direction, the present bail application stands dismissed and disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010243642024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3038/2024 SHRI PRABHAT HAZARIKA S/O LATE ANANDA HAZARIKA, R/O VILLAGE MOHANBARI (ATHABARI GAON), P.O. MOHANBARI, PS. LAHOWAL, DISTRICT DIBRUGARH, ASSAM, PIN 786012 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MS. D GOSWAMI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA