Page No.# 1/3 GAHC010255162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3710/2025 AZAHAR ZAMAN AND 2 ORS S/O LATE BODIUR ZAMAN R/O DHIRENPARA, UNDER FATASIL POLICE STATION, IN THE DISTRICT OF KAMRUP (M) ASSAM. 2: RAJU BARMAN S/O TROILUKYA BARMAN R/O PATHSALA UNDER PATACHARKUCHI POLICE STATION IN THE DISTRICT OF BAJALI ASSAM. 3: MUKUNDA BORAH S/O AKAN BORAH R/O SIMALUGURI UNDER NARAYANPUR POLICE STATION IN THE DISTRICT OF LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BORA, MR. M S HUSSAIN,MR. R BARTHAKUR,MR. V A CHOWDHURY,MR. D K BAIDYA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 03.12.2025 Heard Mr. A. M. Bora, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 filed by the petitioner in connection with Gorchuk Police Station Case No. 304/2025 under Section 103 (2) of the BNS. 3. CD has called for has been received. It is reflected in the FIR that a person suspected to a thief was detained by some local persons near the Havells Showroom near CPWD office, at Gorchuk and upon being informed telephonically the police went to that place and the said person, who disclosed his name as Prahlad Kalita was handed over to the police. Thereafter, police took him to hospital for medical examination. However, the health condition of the said person deteriorated and was subsequently referred to GMCH and subsequently therein that day he expired. It further appears that from the CCTV footage it was revealed that a group of local persons were seen assaulting the said person with sticks while detaining him. The present petitioners were identified as some of the assailants. 4. It is submitted on behalf of the petitioners that it was the petitioners themselves who informed the police and handed over the suspected thief to the police. 5. Perusal of the postmortem report does not indicate any external injury. 6. Having regard to the above as well as the period of detention of about 21 days, the prayer for bail is allowed and the petitioners are directed to be released on bail of Rs. 50,000/- with one surety each to the satisfaction of the Learned Elaka Magistrate. Page No.# 3/3 7. It is further provided that the petitioner shall co-operate with the investigation 8. The Bail application stands disposed of. JUDGE Comparing Assistant