Page No.# 1/5 GAHC010121142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1293/2025 JAMIR HUSSAIN BARBHUIYA AND ORS S/O- LUTFUR HUSSAIN BARBHUIYAN. R/O- VILLAGE NIZ-BORKHOLA PT-II, P.S.-BORKHOLA, DIST.- CACHAR, ASSAM, PIN-788110. 2: HANNAN HUSSAIN BARBHUIYAN S/O- LUTFUR RAHMAN. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110. 3: SARUK AHMED MAZARBHUIYA S/O- SAHAB UDDIN MAZARBHUIYA. R/O- VILLAGE -BORKHOLA PT-2 P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110. 4: KABUL HUSSAIN BARBHUIYA S/O- LUTFUR RAHMAN BARBHUIYA. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110. 5: SAMIR HUSSAIN LASKAR S/O- ABUL HUSSAIN LASKAR. R/O- VILL.- UJAN GRAM P.S.-BORKHOLA DIST.- CACHAR Page No.# 2/5 ASSAM PIN-788110. 6: MONNAN HUSSAIN BORBHUIYA. S/O- LUTFUR RAHMAN BARBHUIYA. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110. 7: FARUK AHMED MAZARBHUIYA S/O- ANFAR ALI MAZARBHUIYA. R/O- VILL.- RAMPUR P.O.- DALU DIST. CACHAR ASSAM PIN-788111. 8: NAZRUL ISLAM MAZARBHUIYA. S/O- ANFAR ALI MAZARBHUIYA. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110. 9: ABDUL MUBIN MAZARBHUIYA S/O- GIAS UDDIN MAZARBHUIYA. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110. 10: GIAS UDDIN MAZARBHUIYA. S/O- LATE KUTIMIA MAZARBHUIYA. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110. 11: MAHBUB ALOM MAZARBHUIYA. S/O- ROBIJUL ALI MAZARBHUIYA. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR Page No.# 3/5 ASSAM PIN-788110. 12: IKBAL HUSSAIN BARBHUIYA. S/O- ABUL HUSSAIN BARBHUIYA. R/O- VILLAGE NIZ-BORKHOLA PT-II P.S.-BORKHOLA DIST.- CACHAR ASSAM PIN-788110 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MS. R S SADIAL, MR. M R SODIAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.06.2025 Heard learned counsel Mr. M.R Sodial for the petitioner (1) Jamir Hussain Barbhuiyan, (2) Hannan Hussain Barbhuiyan, (3) Saruk Ahmed Mazarbhuiyan, (4) Kabul Hussain Barbhuiyan, (5) Samir Hussain Laskar, (6) Monnan Hussain Barbhuiyan, (7) Faruk Ahmed Mazarbhuiyan, (8) Nazrul Islam Mazarbhuiyan, (9) Abdul Mubin Mazarbhuiyan, (10) Gias Uddin Mazarbhuiyan, (11) Mahbub Alom Mazarbhuiyan and (12) Ikbal Hussain Barbhuiyan who have filed this application under Section 482 of the B.N.S.S, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Borkhola P.S Case No. 14/2025 under Section 191(2)/191(3)/190/329(3)/326(g)/303(2) of the B.N.S, 2023. Heard Mr. K Baishya, learned Additional Public Prosecutor, Assam. Page No.# 4/5 The allegation against the petitioner no. (1) Jamir Hussain Barbhuiyan, (3) Saruk Ahmed Mazarbhuiyan, (4) Kabul Hussain Barbhuiyan, (7) Faruk Ahmed Mazarbhuiyan, (8) Nazrul Islam Mazarbhuiyan, (10) Gias Uddin Mazarbhuiyan, (11) Mahbub Alom Mazarbhuiyan and (12) Ikbal Hussain Borbhuiyan and other accused named in the F.I.R is that the accused persons broke the fences of the informant’s land in order to encroach his land. Thereafter, the petitioners on 07.03.2025 at about 12:20 AM, armed with deadly weapons like ‘dao’, ‘stick’ etc, forcibly entered into his land, surrounded his house constructed with bamboo, cane and tin sheets and forcibly took the belongings of the tent house stored inside the house and set the house on fire. The entire house, constructed by the informant, was engulfed in flames and when he and his family members learned about the incident, they informed the police about the arson. The house was reduced to ashes causing damages worth Rs 3,00,000/-. It is submitted on behalf of the petitioners that the informant has falsely alleged that his house was set ablaze, whereas, on the contrary, there was no house constructed by the informant. Mr. K Baishya, learned Additional Public Prosecutor, Assam has raised serious objections against the bail petition stating that there are incriminating materials in the Case Diary against the petitioners (1) Jamir Hussain Barbhuiyan, (3) Saruk Ahmed Mazarbhuiyan, (4) Kabul Hussain Barbhuiyan, (7) Faruk Ahmed Mazarbhuiyan, (8) Nazrul Islam Mazarbhuiyan, (10) Gias Uddin Mazarbhuiyan, (11) Mahbub Alom Mazarbhuiyan and (12) Ikbal Hussain Borbhuiyan. I have also scrutinized the Case Diary. Indeed, there are incriminating materials in the Case Dairy against the petitioners. However, I have considered the submissions on behalf of the petitioners at the bar that the petitioners are willing to co-operate with the investigation. I have also considered the submission that the petitioners are willing to abide by any stringent bail conditions, if imposed upon them. Considering all aspects, it appears that custodial interrogation of the petitioners may not be required for further investigation. Page No.# 5/5 All the petitioners (1) Jamir Hussain Barbhuiyan, (2) Hannan Hussain Barbhuiyan, (3) Saruk Ahmed Mazarbhuiyan, (4) Kabul Hussain Barbhuiyan, (5) Samir Hussain Laskar, (6) Monnan Hussain Borbhuiyan, (7) Faruk Ahmed Mazarbhuiyan, (8) Nazrul Islam Mazarbhuiyan, (9) Abdul Mubin Mazarbhuiyan, (10) Gias Uddin Mazarbhuiyan, (11) Mahbub Alom Mazarbhuiyan and (12) Ikbal Hussain Borbhuiyan are enlarged on pre-arrest bail. In the event of their arrest, the petitioners shall be enlarged on bail of Rs 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that : (1) The petitioners shall appear before the I/O within 1(one) week and co-operate with the investigation. (2) The petitioners shall appear before the I/O on every fortnight till completion of the investigation. (3) The petitioners shall not leave the jurisdiction of the Court without prior permission. (4) The petitioners shall refrain from such activities with which they are alleged and maintain peace. (5) The petitioners shall not exercise threats to the witnesses or tamper with the evidence. On breach of any the aforementioned bail conditions, bail order shall stand automatically cancelled. Send back the Case Diary. JUDGE Comparing Assistant