Page No.# 1/4 GAHC010185272025 2025:GAU-AS:11949 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1998/2025 ABU BAKKAR AND 3 ORS SON OF ABDUR ROUF R/O VILL- GANDARVAKHANI P.S. PATHARKANDI DIST. SRIBHUMI, ASSAM 2: ABDUR ROUF S/O SUD UDDIN R/O VILL- GANDARVAKHANI P.S. PATHARKANDI DIST. SRIBHUMI ASSAM 3: ABDUL MANNAN SON OF SUD UDDIN R/O VILL- GANDARVAKHANI P.S. PATHARKANDI DIST. SRIBHUMI ASSAM 4: ABU SUFFIAN S/O ABDUL ROAF R/O VILL- GANDARVAKHANI P.S. PATHARKANDI DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR K BHUYAN, MR. Z MAHMUD,MR M HAZARIKA,R K TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.09.2025 Heard Mr. K. Bhuyan, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the petitioners, viz., 1) Abu Bakkar, 2) Abdur Rouf, 3) Abdul Mannan and 4) Abu Suffian have prayed for pre-arrest bail in connection with Patharkandi Police Station Case No.138/2025 registered under Sections 117(2)/109/ 3(5) of the BNS, 2023. 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 i.e. the petitioner No.1 regarding a fishing net a week before and that on 04.06.2025 while there was a meeting a fight took place between the parties and the victim was seriously beaten up by petitioner No.1 after which he was admitted to the hospital and it was also stated that all the accused persons in a suspected pre- planned manner attempted to kill her husband. Mr. K. Bhuyan, learned counsel for the petitioners submits that in respect of two accused persons bail was already granted and that he further submits Page No.# 3/4 that although the informant stated that her husband was seriously injured but the injury report reflected that it was a minor injury and as such has prayed for bail. Mr. B. Sarma, learned Addl. P.P. submits that on perusal of the Case Diary he found in the statements of the witnesses that all the petitioners had attacked the husband of the informant and he also submits that the injuries were inflicted on the forehead of the victim and as such he prays that no bail may be granted to the petitioners. Upon consideration of the submissions made at the Bar and on perusal of the records it is noticed that the informant had stated in the F.I.R. that the accused No.1 i.e. the petitioner No.1 had attacked the victim on the head and other parts of the body. However, in her statement before the police the victim had stated that all the accused persons had inflicted injury upon her husband. However, the injury report available in the Case Diary shows that the injuries on the victim were simple in nature and by blunt weapon. In view of the discussions made above, this Court deems it fit that the petitioners may be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- each with one local surety each of the like amount to satisfaction of the arresting authority under the following conditions :- (1) That the petitioners shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. (2) That the petitioners shall not tamper with the evidence and shall Page No.# 4/4 not influence the witnesses connected with the case. (3) That the petitioners shall not leave the place of their residence without permission of the arresting authority. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant