Page No.# 1/4 GAHC010235792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2532/2025 ABDUL KADIR AND 15 ORS S/O LATE ADBUL GAFUR 2: ABDUL GAFFAR S/O GAZIUR RAHMAN 3: NABI HUSSAIN S/O LATE ABDUL AJIJ 4: SAFIUL ISLAM @ SAFIUL IMRAN S/O ABDUL KADIR 5: SHAHNEWAJ AHMED S/O ABDUL KADIR 6: NIJAMUDDIN S/O LATE ABDUL AJIJ 7: MUSTAN SHER BILLAH S/O GAZIUR RAHMAN 8: IBRAHIM ALI S/O LATE GAZIUR RAHMAN 9: ABU SAFIYAN S/O ABDUL KADIR 10: SULEMAN BADSHA S/O ABDUL KADIR 11: MUSA KALI MULLAH S/O LATE ABDUL AJIJ 12: REJAUL KARIM Page No.# 2/4 S/O ABDUL GAFFAR 13: ABDUL JALIL S/O LATE A BDUL GAFUR 14: ISMAIL HUSSAIN S/O ABDUL JALIL 15: TAHER ALI S/O LATE ALI HUSSAIN 16: BADAR ALI S/O LATE ALI HUSSAIN ALL ARE R/O VILL- NO. 3 GALANDIKASH P.S. KHARUPETIA DIST. DARRANG ASSAM PIN NO. 78411 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : F K R AHMED, MRS. H THAKURIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 12.11.2025 1. Heard Mr. F.K.R. Ahmed, learned counsel for the petitioners and also heard Mr. R. J. Baruah, learned Addl. P.P for the State. 2. This is an application under Section 482 of BNSS, 2023, have been filed by the petitioners, namely, 1.Abdul Kadir, 2. Abdul Gaffar, 3. Nabi Hussain, 4. Safiul Islam @ Safiul Imran, 5. Shahnewaj Ahmed, 6. Nijamuddin, 7. Page No.# 3/4 Mustan Sher Billah, 8. Ibrahim Ali, 9. Abu Safiyan, 10. Suleman Badsha, 11. Musa Kali Mullah, 12. Rejaul Karim, 13. Abdul Jalil, 14. Ismail Hussain, 15, Taher Ali, 16. Badar Ali, seeking pre-arrest bail in connection with Kharupetia P.S Case No.73/2025 under Section 329(3)/329(4)/118(2)/109(2)/103(1)/3(5) of the BNS, 2023. 3. As per the FIR on 27.06.2025 at around 8 p.m., the accused person name therein attacked the informant side with deadly weapons due to quarrel arising out of land dispute and as a result grievous injuries were caused to the members of the informant side and one among them succumbed to his injury. Soon after the incident and before his death he implicated some of the petitioners as named in the FIR. 4. The learned counsel for the petitioners submits that there is long standing land dispute between the parties and the petitioner side had also lodged an FIR against the informant side of the present case which has been annexed to the instant application. Similar allegations were assault and causing of injury has been made in the said FIR lodged by the petitioner’s side. 5. The learned Addl. P.P. on perusal of the case diary submits that as regard the petitioner No.2 Abdul Gaffar, petitioner No.9 Abu Safiyan, petitioner No.12 Rejaul Karim, petitioner No.13 Abdul Jalil, Petitioner No.14 Ismail Hussain, Petitioner No.15 Taher Ali, Petitioner No.16 Badar Ali, there is no such incriminating material. However there is sufficient incriminating material against the remaining petitioners. 6. In view of the above, the prayer for pre-arrest bail in respect of the petitioner No.2 Abdul Gaffar, petitioner No.9 Abu Safiyan, petitioner No.12 Rejaul Karim, petitioner No.13 Abdul Jalil, Petitioner No.14 Ismail Hussain, Petitioner No.15 Taher Ali, Petitioner No.16 Badar Ali is allowed. Page No.# 4/4 7. The above named petitioners in the event of their arrest shall be released in connection with Kharupetia P.S Case No.73/2025 under 329(3)/329(4)/118(2)/109(2)/103(1)/3(5) of the BNS, 2023, on furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand) each with two suitable surety each of like amount to the satisfaction of the arresting authority. 8. The direction for bail is further subject to the conditions: (a) They shall co-operate with the investigation and appear before the I.O as and when called for. (b) They shall not try to influence or intimidate the witnesses in any manner. However, in view of the incriminating material and gravity of the offence involved, the prayer for pre-arrest bail in respect of the reaming petitioners is rejected. 9. Accordingly, the anticipatory bail application stands disposed of. 10. Send back the case diary. JUDGE Comparing Assistant