Page No.# 1/4 GAHC010176492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1931/2025 BIKASH KURMI AND ANR S/O- SRI MIHILAL KURMI. R/O- VILL.-107/110 GRANT, PACNOI. P.O.- DEJOO, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM. 2: SRI KRISHNA KURMI S/O- LATE SHIVA KURMI. R/O- VILL.-107/110 GRANT PACNOI. P.O.- DEJOO P.S.- NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MR. P J SAIKIA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.09.2025 Heard Mr. P. J. Saikia, learned counsel for the petitioner and Ms. S. H. Bora, learned Addl. PP for the State. 2. This instant application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, (i) Sri Bikash Kurmi and (ii) Sri Krishna Kurmi praying for grant of pre-arrest bail, who are apprehending their arrest in connection with NLPS Case No. 236/2026 registered under Section 61(2)/116(2)/109/118(2)/309(4) BNS. 3. The brief facts of the case are that one Nurul Haque lodged an FIR on 10.07.2025 before the Silonibari Police outpost alleging, inter alia, that on 09.07.2025 at about 9.30 PM when he was coming from his father-in-law’s house by his Car towards his home, he was restrained by the accused/petitioners and some other persons near Pachnoi 107/110 grant, coming by different motor cycles. When the informant stopped his vehicle, the accused Nos. 1 & 2 took him out and attacked him, as a result of which, he sustained multiple injuries and his left arm was fractured. It was also stated that an amount of Rs.32,000/- was taken away from his bag and one gold chain weighing about 1 ‘Tula’ was also taken away from him by the accused persons. When other people gathered on the spot and people from his house came, they took him to the Police station and then to the Hospital for his medical check-up. On receipt of the FIR, by Silonibari Police outpost, the same was forwarded to the Officer-in-Charge of North Lakhimpur Police station and accordingly, NLPS Case No. Page No.# 3/4 236/2025 under Section 61(2)/116(2)/109/118(2)/309(4) BNS was registered. 4. After the completion of the investigation, the Police arrested one Bastab Kurmi on 10.07.2025 and forwarded him to the learned Chief Judicial Magistrate, North Lakhimpur, Assam. In the aforesaid forwarding report, it was stated that the nature of the crime of the accused persons was heinous and non-bailable offence. It was further mentioned that there was a risk of the accused person absconding, if not arrested. It was also stated that the accused in his statement under Section 180 BNSS confessed using of a sharp weapon while snatching the amount of Rs. 32,000/- and a gold chain from the informant. 5. The learned counsel for the petitioner submitted that the informant Nurul Haque is a drug mafia of the locality and he used to sell drugs in tea-tribe living backward places creating a small market of drugs in the area of the petitioners. He further submits that the informant is also involved in all sort of anti-social activities in and around the places where the petitioners reside and a habitual offender who has been arrested in connection with many cases. It was also submitted by the learned counsel for the petitioners that one Bastab Kurmi who happens to be a co-villager of the petitioners, in fact, was attacked on the road right in front of the houses of the petitioners by the informant and knowing about the aforesaid incident, the accused petitioners came to rescue Bastab Kurmi and therefore, the petitioners were named in the FIR by the informant without any basis. The learned counsel for the petitioners further submitted that in the aforesaid incident, the wife of Bastab Kurmi had filed an FIR on 16.07.2025 stating the aforementioned incident. Therefore, he Page No.# 4/4 submitted that in fact, the concerned FIR in the instant case was filed falsely by the informant due to enmity between them. 6. This Court has heard the learned Addl. PP appearing for the State, who submitted that there are incriminating materials against the accused persons for commission of the offence as alleged in the FIR and therefore, the instant application praying for grant of pre-arrest bail may be rejected at this stage. The learned Addl. PP has produced the Case Diary before this Court and this Court has minutely examined the Case Diary. 7. On perusal of the materials including the statements of Shri Bastab Kurmi, the accused who was arrested by the Police as well as several witnesses connected to the case, the same reveal that many incriminating materials against the petitioner are available in the Case Diary. This Court has also perused the medical report of the informant and it is found that the informant has suffered grievous injury during the aforesaid incident. 8. In view of the presence of incriminating materials against the accused persons, this Court is of the view that the instant pre-arrest bail does not inspire any merit and therefore, the same is dismissed as rejected. 9. This Anticipatory Bail Application stands disposed of. Return the Case Diary, forthwith. JUDGE Comparing Assistant