Gauhati High Court
Bail Appln./2633/2026 of CHANDAN YADAV ALIAS CHANDAN RAY Vs THE STATE OF ASSAM on 10 September 2026
GAHC010194492026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2633/2026 CHANDAN YADAV ALIAS CHANDAN RAY SON OF - SHRI SIPAHI RAY PERMANENT RESIDENT OF PADUMPUR, DUMARSAN, SARAN, DUMARSHAN BABGRA, BIHAR 841410 VERSUS THE STATE OF
GAHC010194492026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2633/2026
CHANDAN YADAV ALIAS CHANDAN RAY
SON OF - SHRI SIPAHI RAY PERMANENT RESIDENT OF PADUMPUR, DUMARSAN, SARAN, DUMARSHAN BABGRA, BIHAR 841410
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM.
Advocate for the Petitioner : MR. D DAS SR. ADV, MR S DAS,MR D J HALOI,MR. S A
HUSSAIN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 11.09.2026 Heard Mr. D. Das, learned senior counsel, assisted by Mr. S. Das, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. PP for the State respondent.
2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Chandan Yadav @ Chandan Ray, who was arrested on 25.08.2026 in connection with Gorchuck P.S. Case No. 218/2025 registered under Sections 303(2)/ 316(5)/ 317(2)/ 61(2) of the BNS, 2023, read with Section 7 of the E.C. Act, 1955.
3. The allegation made in the FIR is that on 25.08.2026, an FIR was lodged by S.I. Kushal Deka of Gorchuck P.S. alleging that on receiving a secret information regarding suspected theft/ diversion of diesel, the informant along with the police team proceeded to backside of the H.P. Petrol Pump, Betkuchi, Guwahati i.e. the place of occurrence and found that the alleged disel was being transferred from IOC tanker No. AS-01-NC-0527 having challan showing destination as Railway Consumer Dept/ RCD, Guwahati to a smaller tanker No. AS-01-NC-3475 by using a motor and pipe. Five persons were apprehended namely (1) Subash Kumar, (2) Sandeep Kumar, (3) Mahesh Sarma, (4) Chandan Yadav and (5) Dheeraj Chaparwal. Hence, the case.
4. The learned senior counsel for the petitioner submits that the petitioner is the Manager of the HPCL retail outlet at Betkuchi and the occurrence took place behind the petrol pump and furthermore the petitioner was arrested and he has been thoroughly interrogated and has by now spent about 20 days in custody. The learned senior counsel for the petitioner further submitted that although accused amongst others, the case is registered under section 316(5) within B.N.S. which is not attracted in the present case as none of the FIR named accused persons including the petitioner is alleged to be a public servant, banker, merchant or agent of IOCL and that he is the Manager of the HPCL retail outlet. The other offenses attract penalties of 3 years imprisonment only.
5. The learned additional PP submits that there are materials in the CD indicating involvement of the petitioner.
6. Having regard to the nature of the allegations and the period of detention undergone as well as the fact that the petitioner was produced before the Magistrate after two days of police custody, although five days custody was granted, further detention of the petitioner may not be warranted.
7. Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two securities of like amount to the satisfaction of the learned concerned jurisdictional Magistrate in connection with the aforementioned case. It is provided that the petitioner shall appear before the I.O. for further investigation as and when called by the IO and shall not try to tamper with the evidence or hamper the investigation of the case.
8. The petition stands allowed.
9. Send back the case diary.
JUDGE Comparing Assistant