Page No.# 1/4 GAHC010101252025 2025:GAU-AS:7203 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1102/2025 NICHAN DAS S/O- BIRSINGHA DAS. R/O-VILL.- CHARINGIYA PART, P.S -PULIBOR , DIST- JORHAT , ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, MR. L N DIHINGIA(INFORMANT),A GOGOI (INFORMANT),A K GOGOI(INFORMANT) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.06.2025 1. Heard Mr. T. Chutia, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing for the State of Assam, as well as Mr. A.K. Gogoi, the learned counsel for Page No.# 2/4 the informant. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Nichan Das, who is apprehending his arrest in connection with Pulibor P.S. Case No. 66/2025, under Section 118(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 17.04.2025, one Sanjay Das, had lodged an FIR before the Officer-In-Charge of Pulibor police station, inter alia, alleging that on 16.04.2025, when the informant was going to attend a ‘Bihu’ function at ‘Saraju’ village, the petitioner by taking advantage of darkness had assaulted him on his head and on his finger causing grievous injuries, without any provocation. 4. The learned counsel for the petitioner has submitted that the accusation made by the informant in the FIR is not true. He submits that actually on that day, the petitioner also went to attend a Bihu’ function at ‘Saraju’ village. At that time, the informant was creating a noisy situation in a drunken state, which laid to altercation and scuffled between both of them. He further submitted that though the informant as well as the petitioner, both suffered injuries, those are simple in nature and not grievous injury. 5. He further submits that considering the circumstances under which the incident occurred and considering the fact that the petitioner is ready to co-operate in the investigation, he may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has vehemently opposed the grant of anticipatory bail to the petitioner. Page No.# 3/4 7. He has produced the Case Diary of Pulibor P.S. Case No. 66/2025 and has submitted that though the injury report shows that the clinical nature of injuries sustained by the petitioner are simple, however he sustained injuries on his head and about 33 stitches were had to be made on his head and 3 on fingers. 8. On the other hand, the learned counsel for the informant, Mr. A.K. Gogoi has also vehemently opposed the grant of anticipatory bail to the petitioner and has submitted that, by order dated 25.04.2025, the Court of the learned Additional Chief Judicial Magistrate, Jorhat has allowed addition of Section 109 of the BNS, 2023 to Pulibor P.S. in the instant case (Pulibor P.S. Case No. 66/2025). 9. He also submitted that the attending doctor of the petitioner of Sanjivani Diagnostics & Hospital, Dibrugarh has also certified that the petitioner is found to have diminish sensation over right side of the head and he requires rest for a period of 1(one) month. 10. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record. 11. Considering that the injuries sustained by the victim had to be stitched and as many as 35 stitches were have to be put on the said injuries and considering the fact that the statement of the witnesses recorded under Section 181 of the BNS, 2023 as well as 183 of the BNS, 2023 clearly implicates the petitioner in this case, this Court is of the considered opinion that this is not a fit case, where the benefit of a favourable order under Section 482 of the BNSS, 2023 may be granted. Page No.# 4/4 12. Hence, the application for anticipatory bail of the petitioner is hereby dismissed. 13. Send back the Case Diary. JUDGE Comparing Assistant