Anticipatory bail application under Section 482 BNSS by an accused in an excise case where liquor was recovered from an employee and an abandoned vehicle. The court found further custodial interrogation unnecessary, noting his cooperation and no recovery from him.
Interim pre-arrest bail dated 12.02.2025 made absolute in the same terms and conditions.
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GAHC010004992025
2025:GAU-AS:3887
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/64/2025
BHAKTA PRASAD ADHIKARI S/O SRI HARI PRASAD ADHIKARI R/O LAKHIPUR, RAJGARH P.O. AND P.S. GOHPUR DIST. BISWANATH, 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,
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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 02.04.2025
Heard Mr. D. Bora, learned counsel appearing on behalf of Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 482 of the BNSS, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Gohpur P.S. Case No. 02/2025, under Sections 305/317(2)/111(3)/305/317(2) of BNS, 2023 read with Section 53(1)(A) of Assam Excise Amendment Act, 2022.
Case Diary has been received. Perused the same. Heard both sides.
It is submitted by Mr. Bora, learned counsel for the petitioner, that after obtaining the order of interim pre-arrest bail from this Court on 12.02.2025, the accused/petitioner had already appeared before the I.O. and extended his cooperation in the investigation of this case. Further he submitted that nothing has been seized from the possession of the present accused/petitioner and as per the allegation, 14 (fourteen) numbers of liquor was recovered from the possession of one of the employee who works in the Wine Shop of the present petitioner. However, the petitioner is still ready and willing to co-operate the I.O. in further investigation of the case if he is granted with the privilege of pre-
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arrest bail.
Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that the petitioner already appeared before the I.O. and his statement is also recorded under Section 161 Cr.P.C. Further he submitted that from the materials available in the Case Diary, it is seen that the liquor from Arunachal Pradesh were brought to Assam for selling the same, however, there was no recovery from the present accused/ petitioner and the liquor was recovered from the vehicle which was found in abandoned condition.
Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, viz-a-viz the conduct of the accused/petitioner, I find that further custodial interrogation of the present accused/ petitioner may not be necessary for the purpose of investigation and therefore, I find it a fit case to extend the privilege of prearrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail, granted to the accused/petitioner vide order dated 12.02.2025, is hereby made absolute in the same terms and conditions.
In terms of above, this anticipatory bail application stands disposed of.
The Case Diary be sent back.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused apprehending arrest in a liquor-related case should be granted pre-arrest bail given his cooperation with the investigation.
3 provisions across 3 enactments
Bhakta Prasad Adhikari
The State of Assam
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
