Page No.# 1/3 GAHC010125192025 2025:GAU-AS:10405 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1347/2025 AMIR HUSSAIN AND ANR S/O LT FORAJ ALI R/O-VILL- NASATRA, P/S- ABHAYAPURI, DIST- BONAGAIGAON, ASSAM 2: JAHIDUL ISLAM S/O LT FORAJ ALI R/O-VILL- NASATRA P/S- ABHAYAPURI DIST- BONAGAIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. S D ROY, R BARMAN,L HANGZO,MS K DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 08-08-2025 Heard Mr. L. Hangzo, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with PRC Case No. 175/2025 arising out of Abhayapuri P.S. Case No. 262/204 under Section 61(1)/118(2)/103(2) of the BNS, 2023. 3. Scanned copy of the TCR has already been received. Perused the same. 4. It is submitted by Mr. Hangzo, learned counsel that the petitioners are innocent and they are not involved in the alleged offence and on the day of the incident, they were also not present at the place of occurrence and they being the daily labourer, went to Kokrajhar in search of their livelihood. 5. He further submitted that there is a land dispute between the parties and out of personal grudge, the names of the petitioners have been mentioned in the FIR as well as in the Charge Sheet. 6. He also submitted that two of the co accused persons who were discharged from the case are also in the same footing. 7. The petitioners have already received the summons and they are willing to appear before the learned Trial Court and to contest the case, if they were provided with some interim protection. 8. Mr. Sarma, learned Addl. PP submitted in this regard that there are sufficient incriminating materials against the petitioners, who are also involved in committing the murder of the deceased. He further submitted that during the investigation, the I.O. made several attempts to apprehend the petitioners, but every time, the petitioners evaded arrest and did not cooperate with the investigation of the case. 9. Accordingly, Mr. Sarma, learned Addl. PP submitted that considering the nature and gravity of the offence and conduct of the petitioners, it is not at all a Page No.# 3/3 fit case to grant the privilege of pre-arrest bail. 10. From the records of the case, it is seen that there are sufficient incriminating materials collected by the I.O. against the petitioners and the I.O. made several attempts to apprehend the petitioners during the investigation of the case and they evaded arrest and never cooperate in the investigation of the case. 11. Considering all these aspects of the case, I do not find it to be a fit case to grant the privilege of pre-arrest bail to the petitioners. 12. However, the petitioners are directed to appear before the learned Trial Court, on the next date of listing of the case and shall file appropriate application seeking regular bail, which may be considered in accordance with law. 13. Till then, it is directed that no coercive action shall be taken against the petitioners. 14. Accordingly, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant