Page No.# 1/3 GAHC010140482025 2025:GAU-AS:8722 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1487/2025 ABDUL BAREK ALIAS BAREK ALI AND ANR S/O LATE ABDUL KUDDUS R/O VILL- PURA GAON P.S. SORBHOG DIST. BARPETA, ASSAM PIN-781318 2: REJINA KHATUN W/O ANOWAR HUSSAIN R/O VILL- PURA GAON P.S. SORBHOG DIST. BARPETA ASSAM PIN-78131 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED, MR. F A AHMED,MISS M GOGOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 26.06.2025 Heard Mr. S.A. Ahmed, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned APP for the State. 2. By filing this application under Section 482 of the BNSS, 2023, the petitioners have prayed for pre-arrest bail in connection with Sorbhog P.S. Case No. 106/2024, under section 191(3)/125/126(2)/103(3) of the BNS, 2023, corresponding to G.R. No. 996/2024. 3. As per the contents of the FIR dated 08.08.2024, the FIR named accused persons had attacked the sister of the complainant with regard to a land dispute, which resulted in death of the complainant’s sister on spot. 4. The learned counsel for the petitioners has submitted that in view of the provisions of section 480 of the BNSS, 2023, requiring the committal Court to take the accused into custody and send him to the Sessions Court, the petitioners did not appear before the committal Court. 5. The learned counsel for the petitioners has produced a copy of order dated 24.02.2025, passed in AB 386/2025, which relates to offence involving counterfeit notes under section 489(B) and 489(D) of the IPC and it is submitted that offence is similar where this Court was pleased to grant pre- arrest bail to the petitioners in that case. 6. The ground for seeking pre-arrest bail by the petitioners cannot be Page No.# 3/3 acceded to because of the fact that in this case, an attack was made by a group of 9 (nine) persons, which has resulted in death of the sister of the complainant and therefore, the Court is not inclined to bypass the provisions of section 480 of the BNS, 2023 in light of the nature of offence in which the petitioners are accused of and thereby negate the said statutory provision. 7. 7. Accordingly, the prayer for pre-arrest bail is rejected. 8. This application stands disposed of. JUDGE Comparing Assistant