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2025 DAILYLAW 27153 (GAU)

MAHAR ALI MANDAL MAHAR ALI AND 13 ORS. v. THE STATE OF ASSAM

AB/2888/2025 · 2025-12-18

Pranjal Das

body2025

Judgment text

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Page No.# 1/5 GAHC010263262025 2025:GAU-AS:17764 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2888/2025 MAHAR ALI MANDAL MAHAR ALI AND 13 ORS. S/O ISMAIL MANDAL R/O VILL- JOYBHUM, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM. 2: SAMSUL MANDAL @ SAMSUL HOQUE S/O ISMAIL MANDAL R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 3: SHOHOR ALI S/O GHUTU SK. R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 4: JAHAR ALI S/O GHUTU SK. R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 5: ASAR ALI S/O GHUTU SK. R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 6: ABDUL KADER MANDAL @ KADER ALI S/O ABUL HOSEN MONDAL Page No.# 2/5 R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 7: SAIFUL ISLAM S/O ABUL HOSEN MONDAL R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 8: REJABUL HUSSAIN @ REJABUL S/O ABUL HOSEN MONDAL R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 9: ROSHIDUL ISLAM @ ROSHIDUL S/O ABULHOSEN MONDAL R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 10: MANSUR ALOM @ MANSUR S/O ABUL HOSEN MONDAL R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 11: RAHAMUDDIN S/O RAHAM ALI R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 12: SIDDIQUE ALI S/O RAHAM ALI R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 13: ANOWAR MANDAL @ ANOWAR Page No.# 3/5 S/O SAMSUL HOQUE R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM. 14: MONOWAR HUSSAIN @ MONOWAR S/O SAMSUL HOQUE R/O VILL- JOYBHUM P.S. LAKHIPUR DIST. GOALPARA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.12.2025 Heard Mr. A. Rahman, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (1) Mahar Ali Mandal @ Mahar Ali (2) Samsul Mandal @ Samsul Hoque (3) Shohor Ali (4) Jahar Ali (5) Asar Ali (6) Abdul Kader Mandal @ Kader Ali (7) Saiful Islam (8) Rejabul Hussain @ Rejabul (9) Roshidul Islam @ Page No.# 4/5 Roshidul (10) Mansur Alom @ Mansur (11) Rahamuddin (12) Siddique Ali (13) Anowar Mandal @ Anowar (14) Monowar Hussain @ Monowar, have prayed for granting pre-arrest bail, apprehending arrest in connection with Patharkandi P.S. Case No. 230/2025 under Section 117(2)/118(2)/126(2)/109/3(5) of BNS, 2023. 3. The case arose out of an FIR dated 10.10.2025, wherein it is alleged that on 08.10.2025, while the informant along with 15–20 persons was working on their cultivable land, the accused persons named in the FIR, in a pre-planned manner and armed with weapons, trespassed onto the land and assaulted them, causing grievous injuries. It is further alleged that one of the victims suffered amputation of three fingers, while another sustained fractures to the hand, leg, and backbone. 4. The case diary has been received. 5. The learned Additional Public Prosecutor submits that the injury report indicates that grievous injuries on the head of two alleged victims and simple injury on other. The statements of witnesses have implicated the accused persons being involved in the alleged incident. 6. The learned counsel for the petitioners submits that there was a cross case pertaining to the incident being Sonari P.S. Case No. 07/2025 in which 20(twenty persons) are named in the FIR. 7. Prima facie, it appears to be the case of marpit involving serious injuries. Investigation is going on. 8. In view of the incriminating materials revealed by the investigation Page No.# 5/5 and the injuries purportedly caused in the alleged incident - I am of the considered view that – it may not be prudent to grant anticipatory bail. Accordingly, the pre-arrest bail stands rejected at this stage and the petition disposed of accordingly. 9. Return the case diary. JUDGE Comparing Assistant