Gauhati High Court

AB/2229/2026 of SUBASH KUNDU Vs THE STATE OF ASSAM on 5 October 2026

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GAHC010200842026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2229/2026 SUBASH KUNDU S/O SURENDRA NATH KUNDU, R/O VILL MOTHER TERESA SARANAI BOKTINAGAR, RAJGANJ, P.S. JALPAIGURI, DIST. JALPAIGURI, WEST BENGAL. VERSUS THE STATE OF ASSAM TO BE

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GAHC010200842026

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/2229/2026

SUBASH KUNDU

S/O SURENDRA NATH KUNDU, R/O VILL MOTHER TERESA SARANAI

BOKTINAGAR, RAJGANJ, P.S. JALPAIGURI, DIST. JALPAIGURI, WEST

BENGAL.

VERSUS

THE STATE OF ASSAM

TO BE REPRESENTED BY THE PP, ASSAM.

Advocate for the Petitioner : MR. SURAJIT DAS, MR. D K AGARWALA,MR S A

BARBHUYAN

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

Date : 06.10.2026

Heard Mr. S Das, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This is an application under Section 482 of the BNSS, 2023 in respect of Nagaon P.S.

Page No.# 2/2 Case No.492/2026.

3. Police detained one petroleum tanker because the documents were not found to be proper. The present petitioner is the owner of the said petroleum tanker. Police registered the case under Sections 303(2)/317(2) of the BNS, 2023 read with Section 23 of the Petroleum Act, 1934.

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

5. This Court is of the opinion that at this stage, the petitioner Subash Kundu does not deserve to be detained in custody. Therefore, his bail application is allowed.

6. It is hereby directed that in the event of his arrest in connection with Nagaon P.S. Case No.492/2026, the petitioner Subash Kundu shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority.

7. The petitioner shall appear before the Investigating Officer as and when called for.

8. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant

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