Petitioner sought pre-arrest bail under Section 482 BNSS 2023 in a cheating case. The accused cooperated with investigation. Court held custodial interrogation unnecessary, made interim bail absolute, and disposed of the petition.
Interim pre-arrest bail order dated 08.06.2026 made absolute.
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GAHC010111152026
2026:GAU-AS:13456
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1207/2026
NIRHANDRA THAOSEN S/O LATE SONOT THAOSEN R/O - LNB ROAD HATIGAON, GUWAHATI, KAMRUP,ASSAM, PIN- 781038
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM
Advocate for the Petitioner : MR. I H SAIKIA, MR K KASHYAB,MR. K KALITA,MR. B BORAH
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON’BLE MRS. JUSTICE MITALI THAKURIA
O R D E R
Date : 14.09.2026.
Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. P.P., Assam appearing on behalf of the State respondent.
This is an application under Section 482 of BNSS, 2023 praying for grant of prearrest bail to the accused/petitioner, namely, Nirhandra Thaosen who is
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apprehending arrest in connection with the Dispur P.S. Case No. 42/2024, under Section 120(b)/420/468/471/409 of the IPC.
The case diary is received and perused the same.
It is submitted by Mr. Das, the learned Addl. P.P., Assam that in the earlier occasion, the statement of the present accused petitioner was not available in the case diary and there was a direction from the Court to record the statement of the petitioner, if not recorded earlier. However, at present, the statement of the petitioner is recorded and furnished before the Court, he cooperated with the I.O. in the investigation of the case. Mr. Das however submitted that during investigation, some materials are collected against the present petitioner and apart from that, some pages from the volume book of the Register are also found to be missing at the time of investigation. However, the learned Addl. P.P., Assam submitted that the petitioner extended his cooperation in the investigation of the case.
Mr. Saikia, the learned counsel for the petitioner submitted in this regard that after obtaining the order of interim pre-arrest bail, the petitioner appeared before the I.O. and cooperated in the investigation of the case. Further he submitted that the duty of the petitioner was only to certify the Register Deed after verifying the same by the Circle Officer. Apart from that, there is no other role played by the present petitioner.
Considering the submissions made by learned counsel for both sides, I have also perused the case diary and it is seen that the case is substantially progressed and most of the relevant documents etc. are seized by the police
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during investigation. So, considering this aspect of the case and the conduct of the accused petitioner vis-à-vis his cooperation, this Court is of the opinion that custodial interrogation may not be required for the purpose of investigation.
Accordingly, the order of interim pre-arrest bail granted to the accused petitioner on 08.06.2026, is hereby made absolute in the same terms and conditions.
With the above observation, the present bail petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petition for pre-arrest bail should be disposed of by making the interim order absolute.
Whether custodial interrogation is required for the investigation given the accused's cooperation.
1 provisions across 1 enactments
NIRHANDRA THAOSEN
THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
