Page No.# 1/4 GAHC010156652025 2025:GAU-AS:10605 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1705/2025 SRI KAZIUL HOQUE @ RAHMAN AND ORS S/O- JAHER ALI. R/O- SURJYAKHATA PART-I, P.S.- BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783348. 2: SRI JAHER ALI. S/O- LATE NOIMUDDIN SHEIKH. R/O- SURJYAKHATA PART-I P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348. 3: SRI SHAHIDUL HOQUE S/O- LATE NOIMUDDIN SHEIKH. R/O- SURJYAKHATA PART-I P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348. 4: SRI SANIDUL HOQUE. S/O- SOPIAR RAHMAN. R/O- KHAIJURBARI P.S.- SAPATGRAM DIST.- DHUBRI ASSAM PIN- 783337. 5: SMTI. KATOKIJAN BIBI W/O- JAHER ALI. R/O- SURJYAKHATA PART-I P.S.- BILASIPARA DIST.- DHUBRI Page No.# 2/4 ASSAM PIN- 783348. 6: SRI GOLZAR HOSSEN S/O- SHAHIDUL HOQUE. R/O- SURJYAKHATA PART-I P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL,MR. A DEB,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 12.08.2025. Heard Mr. AAR Karim, learned counsel for the petitioners. Also heard Mr. P.S. Lahkar, learned Addl. P.P., Assam for the respondent State. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (1) Kaziul Hoque @ Rahman, (2) Jaher Ali, (3) Shahidul Hoque, (4) Sanidul Hoque, (5) Katokjan Bibi and (6) Golzar Hossen, who are apprehending arrest in connection with the Bilasipara P.S. Case No. 119/2025, registered under Sections 61(2)/117(2)/118(1)/109 of BNS, 2023 (corresponding to GR No. 196/2025), [Charge-sheet vide C.S. No. 135 dated 30.05.2025, u/s 61(2)/126(2)/115(2)/ 109/296 /351(3)/3(5) of BNS, 2023], renumbered as PRC Case No.309/2025, pending before the SDJM(M), Page No.# 3/4 Bilasipara. The scanned copy of the case record is received and perused the same. It is submitted by Mr. AAR Karim, learned counsel that the present petitioners are innocent and they have not committed any such offence, as alleged against them in the FIR. It is a fact that there was a land dispute between two groups, resulting quarrel between them and in this context, both the parties sustained some minor injuries. But be exaggerating the matter, the FIR has been lodged against the present petitioners. Subsequently, the case has already been charge sheeted against the accused persons under Sections 61(2)/117(2)/118(1)/109 of BNS, 2023, out of which, except Section 109, all other Sections are bailable in nature. During the pendency of the investigation, the present petitioners also moved an anticipatory bail application before the learned Addl. Sessions Judge, Bilasipara, seeking pre-arrest bail. But that bail application has been rejected by the learned Addl. Sessions Judge, Bilasipara, vide its order dated 04.05.2025, passed in Misc. (Crl.) Case No.106/2025. Subsequent to that, they preferred another bail application on 05.06.2025, after filing of the charge sheet but considering the nature of the offence, the same was rejected by the learned Addl. Sessions Judge, Bilasipara. It is further submitted by Mr. Karim, learned counsel for the petitioners that though initially the case was registered under Section 118(1) of the BNS, 2023, but considering the nature of the injury, the case is not charge sheeted under Section 118(1) of the BNS, 2023 and the injury report of the two victims also reveals that both the victim sustained only simple injury, inflicted by blunt weapon. Mr. Karim, the learned counsel further submitted that all the petitioners are ready to appear before the learned trial Court and contest the case Page No.# 4/4 accordingly, if they are granted with some interim protection. However, till date, they have not received any summons/ notice from the learned trial Court. Mr. P.S. Lahkar, learned Addl. P.P., Assam submitted in this regard that the petitioners did not co-operate with the I.O. during the investigation for which they were shown as absconder in the charge sheet. He further submitted that there is no serious implications brought against the petitioners. That apart, the injury sustained by the victim seems to be simple in nature, as per the medical report. Hearing the entire submissions made by the learned counsel for the parties and also considering the materials available in the case record and other aspects of the case, I find that some interim protection may be provided to the petitioners, till they appear before the learned Trial Court. Accordingly, the petitioners, namely, accused/petitioners, namely, (1) Kaziul Hoque @ Rahman, (2) Jaher Ali, (3) Shahidul Hoque, (4) Sanidul Hoque, (5) Katokjan Bibi and (6) Golzar Hossen are hereby directed to appear before the learned trial Court within fifteen (15) days from today, in connection with the Bilasipara P.S. Case No. 119/2025, (corresponding to GR No. 196/2025), renumbered as PRC Case No.309/2025. Till then, no coercive action shall be taken against the petitioners. With the above direction, the bail petition stands disposed of. JUDGE Comparing Assistant