Page No.# 1/6 GAHC010139552025 2025:GAU-AS:9548 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1455/2025 PINKU LASKAR AND 6 ORS SON OF NURUL HOQUE LASKAR WARD NO. 2, SONAI MUNICIPAL BOARD, P.O. AND P.S. SONAI, DIST. CACHAR, ASSAM, PIN-788119. 2: ABDUL JABBAR BARBHUIYA SON OF MONIR UDDIN BARBHUIYA R/O DHANIPUR WARD NO. 10 SONAI MUNICIPAL BOARD P.O. AND P.S. SONAI DIST. CACHAR ASSAM PIN-788119 3: ASHAD AHMED LASKAR S/O RAHIM UDDIN LASKAR R/O RANGIRGHAT PART-I WARD NO. 8 SONAI MUNCIPAL BOARD P.O.AND P.S. SONAI DIST. CACHAR ASSAM PIN-788119 4: NASHIM AHMED LASKAR @ BABY LASKAR SON OF LATE AMIN UDDIN LASKAR R/O NUTAN RAM NAGAR PT.IV P.OP. DAKHIN M OHANPUR Page No.# 2/6 P.S. SONAI DIST. CACHAR ASSAM PIN-788119 5: AFSOR LASKAR SON OF LATE ABDUL SATTAR LASKAR R/O DHANIPUR WARD NO. 10 SONAI MUNICIPAL BOARD P.O. AND P.S SONAI DIST. CACHAR ASSAM PIN-788/19 6: RINKU LASKAR S/O NURUL HOQUE LASKAR R/O TULARGRAM PART-I WARD NO. 2 SONAI MUNICIPAL BOARD P.O.AND P.S. SONAI DIST. CACHAR ASSAM PIN-788119. 7: J.M. RONIT LASKAR S/O FARUK AHMED LASKAR R/O TULARGRAM PART-I WARD NO. 2 SONAI MUNICIPAL BOARD P.O.AND P.S. SONAI DIST. CACHAR ASSAM PIN-788119 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MS. F H AHMED,MR. M ALOM,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, Z A LASKAR(INFORMANT),M. ROBBANI Page No.# 3/6 (INFORMANT),MR. R A MAZUMDER(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 25-07-2025 Heard Mr. HRA Choudhury, the learned senior counsel assisted by Mr. M.K. Hussain, the learned counsel for the petitioners. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent and Mr. M. Robbani, the learned counsel appearing on behalf of the informant. The informant had also filed their written objection against the present petitioners. 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 Sonai P.S. Case No. 47/2025 u/s 109(1)/118(2)/191(2)/311 of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Choudhury, the learned counsel for the petitioner that the some false and concocted allegation has been brought against all the accused-petitioners. However it s a fact that there were some altercation/scuffle took place between the victim and some of the accused/petitioners as he was collecting tax who was not an authorized tax collectors of the Municipal Board. But during the pendency of this case, the accused/petitioner nos. 1 and 6 are already got arrested on 17.07.2025 and hence the present petition has become infructuous for the petitioner nos. 1 & 6. However, the other petitioners are not Page No.# 4/6 involved with the alleged offence and they have not assaulted the victims as alleged in the FIR. 5. Mr. Choudhury further submitted that they have collected some documents from the Municipal Board wherefrom it reveals that the present victim Kalam Uddin is neither a permanent employee nor temporary employee as a Tax Collector of the Municipal Board. However, all the accused/petitioners are ready and willing to extend their cooperation in further investigation of the case, if they also granted with the privilege of pre-arrest bail. 6. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that from the note of the I/O it seems that the present petitioners are government employee/Tax Collector and the victim of the case took the name of all the petitioners showing involvement in the alleged offence. More so, one of the victim of the case named all the petitioners showing involvement in the alleged offence. More so, one of the victim sustained grievous injury in his person as assault made on him with sharp cutting dangerous weapon. Mr. Borthakur accordingly submitted that it may not be a fit case to extend the privilege of bail the the accused/petitioners. 7. Mr. Robbani, the learned counsel for the informant submitted that the victim was a Tax Collector and he was engaged in the said duty vide engagement order dated 30.05.2022 and while he was trying to collect the tax, the accused/petitioners suddenly attacked him causing grievous injury on his presence. Mr. Robbani further submitted except the petitioner nos. 3 & 7 all the other accused-persons have criminal antecedent and cases are pending against these petitioners specially in Sonai police station. He submitted that petitioner nos. 3 & 7 may not be actively involved in the alleged offence. Mr. Robbani Page No.# 5/6 accordingly raised objection and submitted that it is not a fit case to extend the privilege of pre-arrest bail to the petitioners. 8. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary. It reveals from the Case Diary that victim Kalam Uddin sustained grievous injury on his person and another person also sustained injury due to the stabbing by the petitioners. From the Case Diary it reveals that the petitioner nos. 1 & 6 who were already released in this case took an active part in assaulting/stabbing the victim and one of the injured. However, the injured implicated all the accused/petitioners in the case but from the bare perusal of the record and considering the materials available in the Case Dairy, I find that the accused/petitioner nos. 2, 3, 4, 5 & 7 should be granted with the privilege of pre-arrest bail with some strict conditions. Further considering the criminal antecedent as reported by the respondent/informant they may be directed to appear before the police station on every fortnight and to cooperate in the investigation. Apart from that petitioners are also directed to abide by all bail conditions. 9. Accordingly, it is provided that in the event of arrest of the accused/petitioner nos. 2, 3, 4, 5 & 7, namely, [2] Abdul Jabbar Barbhuiya [3] Ashad Ahmed Laskar [4] Nashim Ahmed Laskar @ Baby Laskar, [5] Afsor Laskar & [7] J.M. Ronit Laskar, in connection with Sonai P.S. Case No. 47/2025 u/s 109(1)/118(2)/191(2)/311 of Bharatiya Nyaya Sanhita (BNS), 2023, they shall be enlarged on interim 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 Page No.# 6/6 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 him from disclosing such facts to the Court or to any police officer. 10. With the above observations the pre-arrest bail application stands disposed of. JUDGE Comparing Assistant