Suresh Kurmi v. The State of Assam

ORDER

27.09.2024 Heard Mr S C Biswas, learned counsel for the petitioner, Sri Suresh Kurmi, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is Page No.# 2/3 behind bars since 22.08.2024, in connection with Behali PS Case No. 72/2024, under Sections 120(B)/420/379/34 IPC, read with Section 53(1) (A) of the Assam Excise Act.

¶2Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam and Mr I Borthakur, learned counsel for the Assam Excise.

¶3The FIR unfolds that during night patrolling between the intervening night of

20.08.2024 and 21.08.2024, at Behali area, the patrol party received a tip off relating to a white Tata Nexon car, without number plate, which was carrying illicit Arunachal made liquor. A vehicle of such description was intercepted at Kulaguri and the petitioner – cum-Manager of Sri Ram's Wine Shop at Balijan was apprehended. Another vehicle involved in transporting Arunachal liquor managed to escape.

¶4It is submitted that the alleged liquor/alcohol was not found in the possession of the petitioner.

¶5The learned Additional Public Prosecutor has submitted that the order dated

03.09.2024, passed by the learned CJM, Biswanath, clearly reveals that there are incriminating materials in the Case Diary against the petitioner.

¶6On the contrary, learned counsel for the petitioner has submitted that the petitioner has already been interrogated under the Police custody for 3 days, which is clearly reflected vide the aforementioned order dated 03.09.2024, passed by the learned CJM, Biswanath.

¶7It is submitted that further detention may not be required for further progress of Page No.# 3/3 investigation.

¶8The petitioner is willing to abide by any stringent conditions, if imposed upon him.

¶9It appears that bail may be granted to the petitioner.

¶8Considering all aspects, petition is allowed. Petitioner is enlarged on bail of Rs. 30,000/-(Rupees Thirty Thousand Only) with a suitable surety of the like amount to the satisfaction of learned CJM, Biswanath, under the conditions that-

i) the petitioner shall refrain from such activities with which he is alleged,

ii) the petitioner shall appear before the IO on every fortnight, till completion of investigation, and

ii) the petitioner shall not leave the jurisdiction of the Court, without prior permission.

8.1 On breach of any of the bail conditions, this bail order shall automatically stand cancelled.

¶9Bail Application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010188982024 2024:GAU-AS:9779 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2786/2024 SURESH KURMI S/O LATE DURUP DEV KURMI VILL- SANTIPUR, GOMERI P.S. HELEM DIST. BISWANATH STATE- ASSAM PIN-784176 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. A K DAS,MS. U NANDA,MR. F A HASSAN,MS A DAS,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND