Page No.# 1/3 GAHC010227932025 2025:GAU-AS:16043 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2451/2025 MOINA KHANIKAR AND ANR S/O KUSHAL KHANIKAR R/O NO 1 BAMUNIJAN PS NORT LAKHIMPUR ASSAM 2: KUSHAL KHANIKAR S/O NOBIN KHANIKAR R/O NO 1 BAMUNIJAN PS NORT LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. G TAMULI,MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.11.2025 Heard learned counsel Mr. D. Gogoi, for the petitioners, (1) Moina Khanikar and (2) Kushal Khanikar who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail Page No.# 2/3 as they are apprehending arrest in connection with PRC Case No. 290/2023 arising out of North Lakhimpur Police Station Case No. 1389/2017 under Section 341/302/379/34 of the IPC. 2. Heard Mr. K. Baishya, learned Additional Public Prosecutor for the respondent State. 3. The FIR unfolds that on the day of the incident at 2 p.m., when Bidyut Saikia was proceeding along with his mother-in-law towards his house from the town, the petitioners who were armed with sharp weapons and waiting in front of the gate, suddenly attacked Bidyut Saikia. The petitioner No 2, Kushal Khanikar snatched away the bag from Bidyut Saikia's mother-in-law whereas, Bidyut Saikia was taken to a Hospital, but unfortunately succumbed to his injuries. 4. It is submitted on behalf of the petitioner that this is a subsequent bail petition. The petitioners are willing to co-operate with the trial. The petitioners have been shown as absconders and they are hesitant to appear before the Court as they will be forwarded to custody as the case is still at the stage of committal. 5. The investigation against the petitioners continued for five years and charge-sheet was submitted as late as 25.02.2022. It is submitted that trial will be procrastinated if the petitioners are not enlarged on bail and the petitioners are not willing to appear before the Court as they may be forwarded to custody. 6. Learned Additional Public Prosecutor has submitted that although there is a delay in submitting charge-sheet, a prima facie case was found against the petitioners, which culminated into the charge-sheet against the petitioners. 7. I have considered the submissions at the Bar with circumspection. I have Page No.# 3/3 also scrutinized the Trial Court Records. As the petitioners are willing to co- operate with the trial, the petitioners are thereby directed to appear before the Elaka Magistrate/Jurisdictional Court within 1 month from today and apply for bail which may be considered by the Court in accordance with law. 8. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant