ANWARUL ISLAM BARBHUIYA AND 2 ORS. v. THE STATE OF ASSAM
AB/2436/2025 · 2025-10-23
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20198 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20198 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010225922025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2436/2025 ANWARUL ISLAM BARBHUIYA AND 2 ORS. S/O LATE MAYUB RAJA BARBHUIYA R/O VILL- RONGPUR PART-I, P.O. APPIN, P.S. LALA DIST. HAILAKANDI, ASSAM 2: SAMSUL ISLAM BARBHUIYA S/O LATE MAYUB RAJA BARBHUIYA R/O VILL- RONGPUR PART-I P.O. APPIN P.S. LALA DIST. HAILAKANDI ASSAM 3: AZAHARUL HASSAN BARBHUIYA @ AZARUL HUSSAIN BARBHUIYA S/O SAMSUL ISLAM BARBHUIYA R/O VILL- RONGPUR PART-I P.O. APPIN P.S. LALA DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K MIRA, Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24.10.2025
1. Heard Mr. K. Mira, learned counsel appearing for the petitioners as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioners, namely, 1. Anwarul Islam Barbhuiya, 2. Samsul Islam Barbhuiya, 3. Azharul Hassan Barbhuiya @ Azarul Hussain Barbhiya, apprehending arrest in connection with Lala P.S. Case No. 91/2025 registered u/s 296/126(2)/316(2)/318(4)/115(2)/3(5) BNS corresponding to G. R Case No. 292/2025. 3. As per the allegations made in the instant FIR that the informant on good faith lend a sum of Rs, 3,40,000/- to the petitioners and when he asked for return of the money, the petitioner Nos. 2 & 3 got agitated and severelly beat him and thereafter, again on 01.09.2025 when the informant contacted the petitioners they asked him to meet them at Krishanpur market where the petitioners attacked and assaulted him with dangerous weapons like Daa, lathi etc. 4. The said FIR has been registered as Lala P.S. Case No. 90/2025. The petitioner had also submitted on FIR against the present informant on the same day and it is submitted that the present FIR is a counter blast to the same. 5. The case diary has been produced and on a perusal of the medical report it appears that the informant sustained simple injury only. 6.
Considering the above as well as the other material available in the case diary, I am of the considered view that custodial integration of the petitioner would not be necessary and also having regard to the nature of the allegations, the prayer of pre –arrest bail is allowed. Page No.# 3/3
7. It is provided that in the event of arrest, the petitioners named above, shall be released on bail, in connection with the above noted case, on furnishing bail bond of Rs. 20,000/- each with one surety of like amount each to the satisfaction of the arresting authority, subject, of course, to the following conditions: (i) That the petitioners shall co-operate with the investigation; and (ii) That the petitioners shall not try to influence the witnesses nor harm the investigation in any manner. 8. This disposes of the anticipatory bail application. 9. Return the case diary. JUDGE Comparing Assistant