Page No.# 1/5 GAHC010133282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1398/2025 BRAJANATH BISWAS AND ORS S/O- JYOTISH BISWAS. R/O- VILL.- NO.1 AGRONG. P.O.- ANANDA BAZAR. P.S.- BIJNI, DIST.- CHIRANG (BTR), ASSAM. PIN-783390 2: BISWANATH BISWAS S/O- BRAJANATH BISWAS. R/O- VILL.- NO.1 AGRONG. P.O.- ANANDA BAZAR. P.S.- BIJNI DIST.- CHIRANG (BTR) ASSAM. PIN-783390 3: RAMNATH BISWAS S/O- JAGANNATH BISWAS. R/O- VILL.- NO.1 AGRONG. P.O.- ANANDA BAZAR. P.S.- BIJNI DIST.- CHIRANG (BTR) ASSAM. PIN-783390 4: PRADIP BISWAS S/O- SUDHAN DAS. R/O- VILL.- NO.1 AGRONG. P.O.- ANANDA BAZAR. P.S.- BIJNI DIST.- CHIRANG (BTR) ASSAM. PIN-78339 Page No.# 2/5 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S BHUYAN, MR. A MOBARAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 16.07.2025 Heard Mr. A. Mobaraque, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Bijni P.S. Case No. 60/2025, under Sections 329(3)/115(2)/ 117(2)/308(1)/3(5) of BNS (GR No. 76/2025). Case Diary has been received and I have perused the same. It is submitted by Mr. Mobaraque, learned counsel for the petitioners, that the present accused/petitioners are innocent and they have not committed any such offence as alleged in the F.I.R. However, it is a fact that there was an Page No.# 3/5 altercation between the accused/petitioners and the informant side for a land dispute and in that process, both the parties sustained some minor injuries. Further he submitted that the informant side initially tied the accused/petitioner No. 1 in a tree of beetle nut and assaulted him and getting information about the assault, the other petitioners also arrived there and there was a push and pull between 2 (two) groups. After the said incident, the accused/petitioners also approached the Panbari Police Outpost with an F.I.R., but due to lack of jurisdiction, the F.I.R. was not accepted and thereafter they filed a complaint case. He also submitted that all the Sections under which the case has been registered are bailable in nature, except Section 308(1), which is also not attracted against the present petitioners. However, all the accused/petitioners are ready and willing to co-operate the I.O. in further investigation of this case if they are granted with the privilege of pre-arrest bail. In that context, Mr. Sharma, learned Additional Public Prosecutor, submitted that there are sufficient incriminating materials in the Case Diary against the present accused/ petitoners and from the Medical Report of 2 (two) injured persons, namely, Chandan Sarkar and Pranita Sarkar, it reveals that they both sustained minor and grievous injuries on their persons. Accordingly, Mr. Sharma raised objection and submitted that it is not at all a fit case for granting pre-arrest bail to the present accused/petitioners. Considering the submissions made by the learned counsel for both sides and also considering the other aspects of the case, I find that custodial interrogations of the present accused/ petitioners are not necessary in this case Page No.# 4/5 and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Brajanath Biswas, (ii) Biswanath Biswas, (iii) Ramnath Biswas, & (iv) Pradip Biswas, in connection with Bijni P.S. Case No. 60/2025, under Sections 329(3)/115(2)/ 117(2)/308(1)/3(5) of BNS (GR No. 76/2025), they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of in terms above. The Case Diary be sent back. Page No.# 5/5 JUDGE Comparing Assistant