AB/410/2026 of LAKHINDRA BORAH AND ANR Vs THE STATE OF ASSAM on 24 March 2026

ORDER

25.03.2026 Heard Mr. P.K. Goswami, learned Senior Counsel assisted by Mr. P.J. Dutta, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned APP for the State. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the petitioners in connection with PRC Case No.37/2026 pending before the Judicial Magistrate 1st Class Dibrugarh arising out of Tengakhat Police Station Case No.45/2025 registered under Section 303(2) of the BNS, read with Section 3(2)(a) PDPP Act, read with Section 15(2) and 15(4) of the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Amendment Act, 2011. The learned Senior Counsel for the petitioners submits that two of the co- accused had been granted bail by the learned Additional Sessions Judge, FTC, Dibrugarh during the course of investigation. It is further submitted that the matter has since been charge-sheeted and the petitioners are willing to participate in the trial. The petitioners have also received summons; however, they apprehend that, as they have been shown as absconders, they may be taken into custody upon appearance before the learned Trial Court. In view of the above circumstances and upon perusal of the scanned copy of the Trial Court Record (TCR), this Court is of the opinion that the petitioners can be granted the privilege of pre-arrest bail in connection with PRC Case No. 37/2026 pending before the Court of the learned CJM, Dibrugarh, provided they appear before the learned Trial Court on or before 30.04.2026 to participate in the trial. Upon such appearance, the petitioners shall be released on bail upon furnishing a bond of Rs. 20,000/- each with two sureties of like amount to the satisfaction of the learned Trial Court. This Bail Petition is disposed of. JUDGE Comparing Assistant