Page No.# 1/4 GAHC010266722024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3281/2024 SADULLA KHAN AND ORS S/O LATE MOJIBUR KHAN RESIDENT OF VILLAGE ANDHUPURA, PS HAJO,DIST KAMRUP ASSAM 781102 2: ABDUL MATIN KHAN S/O LATE MAJIBUR KHAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 781102 3: AZIZUL KHAN S/O ABDUL BATEN KHAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 781102 4: ABDUL BATEN KHAN S/O MAJIBUR KHAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 781102 5: YOSUF KHAN S/O SADULLAH KHAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 781102 6: AHIYA KHAN Page No.# 2/4 S/O SADULLAH KHAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 781102 7: RAFIKUL KHAN S/O LATE MAJIBUR KHAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 781102 8: FARUQUE KHAN S/O MAKIBUR RAHMAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 781102 9: SAHADOT KHAN S/O MAJIBUR KHAN RESIDENT OF VILLAGE ANDHUPURA PS HAJO DIST KAMRUP ASSAM 78110 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K KALITA, MR. B BORAH,MR. I H SAIKIA Advocate for the Respondent : PP, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.03.2025 Heard Mr. I H Saikia, the learned counsel appearing for the petitioners. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Hajo PS Case No. 435/2024 (corresponding to GR Case No.632/2024). 3. On 12.11.2024, the informant Mr. Soriful Khan had lodged an FIR before police alleging that the present petitioners alongwith some other persons had forcefully entered into their house and put pressure on his father to put signatures on some blank papers. When the father of Soriful Khan refused to do so, the petitioner Sadulla Khan attacked the father of the informant with a dao. Other petitioners, namely, Abdul Motin Khan and Rafikul Islam Khan also attacked the father of the informant with iron rods. The father of the informant sustained grievous injuries. It is further alleged in the FIR that the petitioners even outrage the modesty of the women flock. 4. Mr. Saikia has pointed out that both sides are relatives and they are already in the midst of land disputes. Mr. Saikia has referred to a letter written by Sadulla Khan, Sahadot Khan, Makibur Rahman Khan, Abdul Baten Khan, Abdul Matin Khan & Rafikul Khan to the Circle Officer, Hajo Revenue Circle praying for cancellation of the mutation order. Mr. Saikia submits that the said matter is still pending before the Circle Officer, Hajo Revenue Circle. 5. Mr. Goswami submits that the so-called injured persons sustained grievous injuries and others sustained simple injuries only. 6. I have considered the submissions made by the learned counsel of both sides. Page No.# 4/4 7. It is also apparent on the face of the record that because of the alleged disputes, both sides had a fight. 8. Having considered the submissions, this Court is of the opinion that under the given circumstances of the case, the present petitioners do not deserve to be detained in custody. Therefore, their anticipatory bail application is allowed. 9. It is hereby directed that in the event of arrest in connection with Hajo PS Case No. 435/2024 (corresponding to GR Case No.632/2024), the petitioners, namely, Sadulla Khan, Abdul Matin Khan, Azizul Khan, Abdul Baten Khan, Yosuf Khan, Ahiya Khan, Rafikul Islam Khan, Faruque Khan & Sahadot Khan shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority. 10. All the nine petitioners shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, the anticipatory bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant