Page No.# 1/3 GAHC010212012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2327/2025 SULTAN AHMED ALIAS SULTAN MAHMUD S/O ABDUL QUADIR R/O SATGHARI, P.O. KANAI BAZAR, P.S. PATHARKANDI DIST. SRIBHUMI, ASSAM PIN-788724 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MRS. S D CHOUDHURY, MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 22.09.2025 Heard Mrs. S. D. Choudhury, learned counsel for the petitioner and Ms. N. Das, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the Page No.# 2/3 petitioner, viz., Sultan Ahmed @ Sultan Mahmud has prayed for pre-arrest bail in connection with Patharkandi Police Station Case No.47/2025 registered under Sections 61(2)/140(1) of the BNS, 2023. The F.I.R. dated 14.02.2025 reveals that the brothers of the informant were found missing since 08.02.2025 in respect of which an F.I.R. was already lodged and that latter on 12.02.2025 the accused No.5 arrayed as such in the F.I.R. came to the house of the informant and informed him that some miscreants had detained his brothers in Tripura and that he should go and recover his brothers. On being informed the informant went to the said place but could not find his brothers but subsequently a video footage was shown to the informant about the detention of his brothers and on the basis of the same it was assumed that the accused persons including the present petitioner had kidnapped the brothers of the informant. Mrs. S. D. Choudhury, learned counsel for the petitioner submits that the said brothers were recovered long back and that the story narrated in the F.I.R. is a concocted one. She has also placed the bail granted to the co-accused by this Hon’ble Court. Ms. N. Das, learned Addl. P.P. for the State submits that the allegations narrated in the ejahar is serious inasmuch as the brothers of the informant were kept confined by the petitioners and others in Tripura and prayed for calling of the Case Diary. I have heard the learned counsel for the parties and have considered the Page No.# 3/3 materials on record. It is seen that the instant F.I.R. was lodged on 14.02.2025 and the brothers of the informant were also recovered as stated by the counsel. Since the allegation against the petitioner was only on the basis of an assumption, this Court finds it fit that the petitioner may be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- with one local surety of the like amount to satisfaction of the arresting authority under the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the jurisdiction of the arresting authority without prior permission. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant