Juga Prasad Nath v. The State of Assam

ORDER Date : 13-12-2024

Heard Mr. R.C. Das, learned counsel appearing for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Page No.# 2/3 Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Uluani P.S. Case No.120/2024 registered under Sections 61(2)/308(2)/351(2)(3)/3(5) of the BNS.

¶3One village head had got the information from somebody else that on

26.11.2024, one home guard, namely Manoj Saikia and the present petitioner being a police constable, had loaded some wood from a neighbouring village in a government vehicle. He also heard that the neighbouring villagers apprehended the petitioner and the said home guard and also the truck. After hearing these things, the informant being the village headman, lodged an FIR.

¶4I have considered the submissions made by the learned counsel for both sides.

¶5On a plain reading of the FIR, it is clear that the informant lodged the FIR after hearing about the facts from somebody else. In such circumstances, nobody deserves to be arrested and detained. Therefore, the prayer for bail application is allowed.

¶6It is hereby directed that in the event of arrest of the petitioner in connection with Uluani P.S. Case No.120/2024 registered under Sections 61(2)/308(2)/351(2)(3)/3(5) of the BNS Act, the petitioner, namely Juga Prasad Nath shall be released on bail of ₹15,000/- with surety of like amount to the satisfaction of the arresting authority.

¶7The petitioner is directed to appear before the Investigating Police Officer within next 10 (ten) days from today. Page No.# 3/3 With the aforesaid direction, the application for bail is disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010259852024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3198/2024 JUGA PRASAD NATH S/O LT. SHUKLESWAR NATH R/O VILL- GUWALAGAON P.S. KAMPUR DIST. NAGAON, ASSAM PIN- 782426 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R C DAS, A JUBARIA,MR. H RAHMAN,MR S HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA