Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2191/2025 SHOHIDUL ISLAM S/O- LT. MUZAFAR HUSSAIN,R/O- VILL-SATSIA,P.S-FAKIRGANJ,DIST- DHUBRI,ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. T SK, MR A I TALUKDAR,MS M MALIK Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 16.09.2025
Heard Mr. T. SK, learned counsel for the petitioner. Also heard Mr. K.B. Baishya, learned Additional Public Prosecutor for the State.
2. The petitioner is seeking anticipatory bail in this case with regard to an FIR dated 09.08.2025 lodged by one Mofij Ali against the
Page No.# 2/2 present petitioner. It is submitted that there is another FIR dated 09.08.2025 lodged before the same Fakirganj police station by the present petitioner against the said Mofij Ali and 11 others. It was earlier submitted that as per his information, none of the FIRs have been registered. However, the petitioner is seeking anticipatory bail, apprehending arrest.
3. The case diary as called for has been received.
4. The medical report available in the case diary indicates assault by spade (Kodal/ blunt side) and injury has been labeled as simple.
5. The case which has been registered is Fakirganj P.S Case No.89/2025 under Sections 126(2)/117(2)/351(2) of BNS, 2023. The said offences – voluntarily causing grievous hurt; wrongful restraints; criminal intimidation – are all bailable offences. In view of the fact that all the offences under which the case has been registered against the petitioner are bailable in nature – the foundational requirement for maintainability of anticipatory bail is not there. Therefore, this petition is held to be non-maintainable. However, the petitioner shall appear before the I.O by way of co- operating with the investigation.
6. Accordingly, the anticipatory bail petition stands disposed of on the aforesaid terms. JUDGE
Comparing Assistant