Page No.# 1/3 GAHC010185282025 2025:GAU-AS:11646 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2710/2025 ABU TAHER AND ANR SON OF ABDUR ROUF R/O VILL- GANDARVAKHANI P.S. PATHARKANDI DIST. SRIBHUMI, ASSAM 2: ABU AZMOL HUSSAIN S/O ABDUL MANNAN R/O VILL- GANDARVAKHANI P.S. PATHARKANDI DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR K BHUYAN, MR. Z MAHMUD,MR M HAZARIKA,R K TALUKDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.08.2025 1. Heard Mr. K Bhuyan, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioners have prayed for bail in connection with Patharkandi P.S Case No. 138/2025 registered under Section 117(2)/109/3(5) of B.N.S, 2023. 3. The F.I.R dated 06.06.2025, lodged by the wife of the victim reveals that there was a quarrel between her husband and accused No. 1 mentioned in the F.I.R regarding a fishing net and that on 04.06.2025, while there was a meeting, a fight took place between the parties and the victim was severely beaten up by the said accused No. 1 after which he suffered serious injuries and was taken to the hospital. 4. Mr. K Bhuyan, learned counsel for the petitioner submits that the allegation of hitting the victim was only in respect the accused No. 1. Although it is stated in the F.I.R that all the accused persons, in a pre- planned manner, attempted to kill her husband, however, no overt-act was assigned to any of the petitioners and as such, he has prayed for bail. 5. Mr. D.P Goswami, learned Additional Public Prosecutor for the State of Assam submits that on perusal of the Case Diary that there are statements of the witnesses where they had stated that there was a fight on the said fateful night and the victim was beaten up. 6. I have heard learned counsel for both sides and have carefully gone through the records. It is writ large in the F.I.R that initial quarrel was also between the accused No. 1 and the petitioner and the subsequent fight Page No.# 3/3 was also between them and it was the accused No. 1 who is alleged to have hit the victim on his head. The injury report, as revealed in the Case Diary, also shows that the injuries on the victim were simple by blunt weapon. 7. In view of the above made submissions, this Court deems it fit to release the petitioners on bail on furnishing of a bail bond of Rs. 20,000/- each with 1(one) local surety each of the like amount to the satisfaction of the concerned Court, Sribhumi under the following conditions : (i) The petitioners shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioners shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioners shall not leave his place of residence without the permission of the concerned Court, Sribhumi. 8. In view of the above, petition stands disposed of. JUDGE Comparing Assistant