Page No.# 1/3 GAHC010232332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2497/2025 SAMAD UDDIN S/O ABDUL AZIZ, VILL. MADANDIGHIRPAR, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 23/10/2025 Heard Mr. A Ahmed, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. The present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/3 2023, has been instituted praying for granting the privilege of pre-arrest bail to the petitioner, Samad Uddin, in connection with Patharkandi P.S. Case No. 47/2025 registered under Sections 61(2)/140(1) of BNS. 3. The FIR dated 14.02.2025 reveals that the brothers of the informant were found missing since 08.02.2025 in respect of which an FIR was already lodged and that latter on 12.02.2025, the accused No.5 Rijul Ahmed had come 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. 4. Mr. A Ahmed, learned counsel for the petitioner submits that the said brothers were recovered long back and that the story narrated in the FIR is a concocted one. He further submitted that bail has been granted to the co-accused by this Hon’ble Court. 5. Mr. K K Parashar, learned Additional Public Prosecutor, Assam submits that the allegations narrated in the FIR is serious, inasmuch as, the brothers of the informant were kept confined by the petitioner and others in Tripura and prayed for calling of the Case Diary. 6. I have heard the learned counsel for the parties and have considered the materials available on record. 7. It is seen that the instant FIR was lodged on 14.02.2025 and the brothers of the informant were also recovered. 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/- (Rupees Twenty Thousand) along with one local surety of the like amount to satisfaction of the arresting authority, subject to the following conditions :- (1) That the petitioner shall co-operate with the investigation and shall appear before Page No.# 3/3 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; 8. With the above observations and direction, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant