The Gauhati High Court granted pre-arrest bail to the petitioner in a conspiracy to steal optical fibre cables case under BNS 2023, despite the petitioner's name not appearing in the initial FIR but being summoned later during investigation.
Petitioner enlarged on pre-arrest bail on furnishing bail bond of Rs. 20,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010202002026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2245/2026
RAJIB DAS
S/O BUPEN DAS, HOUSE NO. 36, GEETANAGAR, AMAYAPUR PATH, M.T. ROAD, GUWAHATI-781020, DISTRICT-KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. K MIRA,
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 16.09.2026
Heard Mr. K. Mira, the learned counsel for the petitioner and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State.
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303(2)/317(2) of the BNS, 2023, corresponding to G.R. Case No. 3596/2026.
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(i) The petitioner shall appear before the Arresting Authority within 10 days from the date of this order.
(ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and
(iii) The petitioner shall not leave their residence without prior permission of the Arresting Authority.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail pending investigation.
Whether the petitioner, whose name was not in the FIR, faces likelihood of arrest requires bail protection.
Whether terms of bail bond can be fixed in pre-arrest bail order.
1 provisions across 1 enactments
RAJIB DAS
THE STATE OF ASSAM
SHAMIMA JAHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
