Page No.# 1/3 GAHC010161792025 2025:GAU-AS:13759 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1764/2025 PRASANJIT DAIMARY ALIAS DAIMARI SON OF LATE BARENDRA DAIMARI, R/O VILLAGE DOBHAI, GOSSAIGAON WARD NO 2, P.O. AND P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM, PIN- 783360 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 15.10.2025 Heard Mr. P K Das, learned counsel for the accused applicant. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 482 of BNSS, 2023, praying for grant of pre- arrest bail to the accused applicant, namely, Prasanjit Daimary @ Daimari, who is apprehending his arrest in connection with Gossaigaon P.S. Case No. 70/2025 Page No.# 2/3 registered under Sections 118(2)/109 of the BNS, 2023. 3. The brief facts as have been narrated in the FIR are that an FIR was lodged by one Pradip Kumar Brahma, stating that on June 2, 2025 at around 8:40 PM, Sri Prasenjit Daimari had called the cousin brother of the informant, namely, Sri Tebha Brahma to North East Gateway Bus Terminal, Gossaigaon and when the aforesaid Sri. Tebha Brahma could not find the accused applicant there and was waiting for him, he got a phone call from the accused applicant to come to Green Wood Resort & Family Dhaba. When he reached the aforesaid Green Wood Resort & Family Dhaba, the accused applicant attacked the victim, i.e., Sri. Tebha Brahma without any provocation with some sharp weapons and thereby caused serious injuries to him. The aforesaid Sri. Tebha Brahma was critically injured and taken to the Gossaigaon R.N.B. Civil Hospital and later on to M.R.M Hospital, Kokrajhar. 4. After receipt of the FIR, Gossaigaon P.S. Case No. 70/2025 was registered under Sections 118(2)/109 of the BNS, 2023. 5. Learned counsel for the accused applicant submits that the accused applicant is not connected with the aforesaid incident as has been narrated in the FIR. He submits that both, the injured victim, i.e., Sri. Tebha Brahma and the accused applicant are, in fact, friends and they went to the aforesaid Green Wood Resort & Family Dhaba for having some food and there due to some reason a quarrel took place between them and during the quarrel Sri. Tebha Brahma was injured. He further submits that there was no intention to cause any physical harm to the injured victim Sri. Tebha Brahma by the accused applicant. 6. Learned APP, Assam has submitted that he has received the case diary and there are various incriminating materials pointing the fingers to the accused applicant regarding his involvement in the offence as described in the FIR. He further submits that the medical report also reveals serious injuries caused by sharp weapons on the body of the injured Sri. Tebha Brahma. Page No.# 3/3 7. This Court has perused the case diary and has heard the submissions made by the parties. 8. After perusal of the case diary and considering the submissions so forwarded by the parties, this Court is of the considered opinion that this is not a fit case wherein the accused applicant should be granted the privilege of pre-arrest bail. 9. In view of the aforesaid, the instant pre arrest bail is rejected. 10. Accordingly, the instant pre-arrest bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant