Page No.# 1/4 GAHC010200222025 2025:GAU-AS:12027 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2154/2025 HABIB ALI AND 3 ORS. SON OF TAYAB ALI @ TOWAB ALI R/O VILL- FAKIRABASTI, P.O. TELIBASTI, P.S. HOJAI DIST. HOJAI, ASSAM, PIN-782435 2: MONAF ALI S/O LATE ATAR KHA R/O VILL- FAKIRABASTI P.O. TELIBASTI P.S. HOJAI DIST. HOJAI ASSAM PIN-782435 3: RAYAB ALI S/O WHAB ALI R/O VILL- FAKIRABASTI P.O. TELIBASTI P.S. HOJAI DIST. HOJAI ASSAM PIN-782435 4: NAJIM UDDIN S/O AFTAR ALI R/O VILL- FAKIRABASTI P.O. TELIBASTI P.S. HOJAI DIST. HOJAI ASSAM Page No.# 2/4 PIN-78243 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS S DAS,MR F U BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 04.09.2025 1. Heard Mr. H.R.A Choudhury, learned Sr. counsel assisted by Mr. F.U Barbhuiya, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioners has sought for pre-arrest bail in connection with Hojai P.S Case No. 266/2025 registered under Section 126(2)/118(2)/324(4)(5)/303(2)/3(5) of B.N.S, 2023. 3. The F.I.R dated 27.08.2025 reveals that 1 month back i.e. on 27.07.2025 at around 12:30 PM, there was a group fight between the accused persons and the family members of the informant and that on the same day at around 1:30 PM, while the son of the informant was on his way back to his home, the accused persons, including the petitioners, is stated to have obstructed her son and assaulted him due to which her son sustained severe injuries on her body and it is also alleged that the accused persons had snatched Page No.# 3/4 away the money from the said victim. 4. Mr. H.R.A Choudhury, learned Sr. counsel for the petitioner submits that on 27.07.2025, one F.I.R was lodged in pursuant to the group fight as is mentioned in the instant F.I.R naming the present petitioners as accused persons along with another. Mr. H.R.A Choudhury, learned Sr. counsel stated that the said petitioners had approached the Court and they, along with others, were enlarged on interim pre-arrest bail vide order dated 22.08.2025 in AB/2010/2025. The learned counsel submits that the petitioners appeared before I/O in compliance of the conditions mentioned therein, and got their statements recorded. Later it was found that there was another F.I.R lodged i.e. the instant F.I.R on 27.08.2025 and as such, the learned counsel submits that this is in vengeance with the fact that the petitioners were already released on interim bail as stated above. 5. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam submits that the instant case is on a different cause of action where the victim was stated to have been obstructed and cash was looted from him and he was assaulted too and he prays that the Case Diary may be called for in the instant case. 6. Upon consideration of the submissions made by the parties, it is seen that in the instant F.I.R it is stated that while the victim was on his way back to his home he was assaulted and his money was looted and the time given in the instant F.I.R is 1:30 pm on 27.07.2025 which is similarly stated in the earlier F.I.R where occurrence was stated to be at 1:30 PM on 27.07.2025 and the allegations made in that F.I.R is that the petitioners along with Page No.# 4/4 others had come with weapons in front of the house of the informant and participated in the group fight and further the same victim was also stated to be injured like it is stated in the instant F.I.R. 7. In view of the above made discussions, this Court deems it fit to release the petitioners on pre-arrest 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 arresting authority under the following conditions : (i) The petitioners shall cooperate with the investigation and appear before the I/O within 7(seven) days from the date of this order. (ii) The petitioners shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioners shall not leave their place of residence without the permission of the arresting authority. 8. In view of the above, petition stands disposed of. JUDGE Comparing Assistant