Page No.# 1/5 GAHC010137172025 2025:GAU-AS:10787 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1424/2025 ZAKIR HUSSAIN AND 7 ORS. S/O LT. MAKROM ALI R/O TILLABARI P.O. BHUBRIGHAT, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM, PIN- 788724 2: JAINAL UDDIN S/O LT. MAKROM ALI R/O TILLABARI P.O. BHUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 3: WAHID JAMAN S/O GIASUDDIN AHMED R/O TILLABARI P.O. BHUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 4: SAHINUZ JAMAN S/O GIASUDDIN AHMED R/O TILLABARI P.O. BHUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 5: YAHYA AHMED Page No.# 2/5 S/O GIASUDDIN AHMED R/O TILLABARI P.O. BHUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 6: RUHUL AMIN S/O KALIL UDDIN R/O TILLABARI P.O. BHUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 7: JAHRUL ISLAM S/O LT. YASIN ALI R/O TILLABARI P.O. BHUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 8: MONORUL ISLAM S/O SAD UDDIN VILL- WEST CHENGZUR P.O. BHUBRIGHAT P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-78872 VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MS R DEKA,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 3/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13-08-2025 Heard Mr. H R A Choudhury, the learned senior counsel assisted by Mr. S.S. Ahmed, the learned counsel for the petitioners and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioners in connection with Patharkandi P.S. Case No. 143/2025 u/s 191(3)/190/132/121(2)/109/324(4)/262 of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Choudhury, the learned senior counsel for the petitioners that the present accused/petitioners are not at all involved in the alleged offence and all the petitioners are responsible persons of the society. It appears that on the date of incident some police personnel came in the village in civil dress and they picked up one Rejaul Karim in allegation of committing crime when one Dulal Uddin came and tried to release the same Rejaul Karim from the police personnel who were in civil dress. As there was hue and cry, these petitioners came there and tried to help the police personnel in finding of the said Rejaul Karim who fled away from the place of occurrence. Subsequently, the police arrested the other accused Dulal Uddin who initially Page No.# 4/5 tried to release the accused Rejaul Karim. The present petitioners also gave assurance to the police personnel that they will find Rejaul Karim and handover to the police. Apart from that, the petitioner no. 1 also visited to police station on 04.08.2025 and he was released there from and as per instructions, other petitioners also went to the police station and extended their cooperation. 5. Mr. Choudhury further submitted that all the petitioners are some of the responsible persons of the village/society and they will extend their cooperation in further investigation of this case, if they are extended with the privilege of pre-arrest bail. 6. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are some incriminating materials brought against the present accused/petitioners and some of the persons could be identified as a mob of around 50 to 60 persons came to attack the police personnel when they picked- up said Rejaul Karim who is stated to be one drug peddler. However, he submitted that the Injury Reports of the police officers are not available in the Case Diary which were not yet collected by the I/O. However, he submitted that considering the materials available in the Case Diary it may not be a fit case to extend the privilege of pre-arrest bail to the present petitioners. 7. Hearing the submissions made by learned counsel for both sides, the materials available in the Case Diary and other aspects of the case, I find that custodial interrogation of the present petitioners may not be required for the purpose of investigation of the case and accordingly I find it is a fit case wherein the privilege of anticipatory bail can be extended to the present petitioners and accordingly the prayer is allowed. Page No.# 5/5 8. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, [1] Zakir Hussain [2] Jainal Uddin [3] Wahid Jaman [4] Sahinuz Jaman [5] Yahya Ahmed [6] Ruhul Amin [7] Jahrul Islam and [8] Monorul Islam, in connection with Patharkandi P.S. Case No. 143/2025 u/s 191(3)/190/132/121(2)/109/324(4)/262 of Bharatiya Nyaya Sanhita (BNS), 2023, they shall be enlarged on pre-arrest bail on his 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 make themselves available for interrogation by the Investigating Officer within 7(seven) days; (ii) 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 (iii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. 9. The anticipatory bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant