Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010251782025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2715/2025 MD ABID HUSSAIN S/O TAIYAD HUSSAIN ALIAS MD TAYEB HUSSAIN, RESIDENT OF DIHING TEA ESTATE, P.S. MARGHERITA, DIST. TINSUKIA, ASSAM, PIN- 786187 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL,MR. A DEB,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 01-12-2025 Heard Mr. AAR Karim, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Md. Abid Hussain, who is apprehending his arrest in connection with Margherita P. S. Case No. 116/2025 u/s
Page No.# 2/2 281/106/324(4) of BNS, 2023 corresponding GR No. 326/2025. An FIR was lodged on 27.09.2015 by one D. Gogoi with the allegation that while his cousin brother, Chandra Gogoi (deceased) was proceeding on his motor vehicle bearing registration No. AS 23 AK 8557 (Hero Honda Glamour) wearing helmet on the way at NH-38 road near Dehing RCC bridge Margherita a vehicle bearing registration no. AS 23 AC 2302 came in a high speed by driving rashly and negligently hit him on the front side, resulting in fatal injuries and he was brought dead to the hospital. The driver of the offending vehicle fled away from the place of occurrence. The deceased has been serving as a security in North Eastern Coal Field Ltd (Coal India Ltd, Margherita). The Case Diary has been received. Perused the relevant portion. Investigation is going on. It is stated to have been revealed by the investigation that the time of the accident offending vehicle was driven in high speed and negligent manner and later the documents of the vehicle was also suspected to be fake as the records was not found. Investigation appears to be going on to ascertain as to whether the gross negligence if any of the petitioner driving the offending vehicle also fell into the domain of gross negligence of a degree where he could be attributed with the knowledge of causing dead by the nature of his driving. Considering that the present petition is one for pre-arrest bail, the same stands rejected at this stage.
Return the Case Diary. JUDGE Comparing Assistant