Page No.# 1/4 GAHC010011152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/128/2025 SAIDUL ISLAM AND 7 ORS. S/O AMZAD ALI R/O VILL- TAMAKUBARI PART-II, P.S. BAGRIBARI DIST. KOKRAJHAR, ASSAM 2: MFIDUL ISLAM S/O AMZAD ALI R/O VILL- TAMAKUBARI PART-II P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM 3: ASRAFUL ISLAM S/O AMZAD ALI R/O VILL- TAMAKUBARI PART-II P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM 4: MOHIBUL ISLAM S/O AMZAD ALI R/O VILL- TAMAKUBARI PART-II P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM 5: AMZAD ALI S/O LATE SHAMSER ALI MALLIK R/O VILL- TAMAKUBARI PART-II Page No.# 2/4 P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM 6: SHAHAJAMAL SK. S/O MONTAZ ALI R/O VILL- TAMAKUBARI PART-II P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM 7: SADDAM HOSSAIN S/O MONTAZ ALI S/O AMZAD ALI R/O VILL- TAMAKUBARI PART-II P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM 8: JAYDUL ISLAM S/O AMZAD ALI R/O VILL- TAMAKUBARI PART-II P.S. BAGRIBARI DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025 Heard Mr. N. Uddin, the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Additional Public appearing for the State of Assam. 2. This is an application under Section 4825 of the BNSS, 2023 praying for grant of pre- arrest bail to the petitioners in respect of Bagribari P.S. Case No. 02/2025. 3. On 29.12.2024, at about 8 PM, some boys were having feast near the house of the petitioner Mofidul Islam. That feast was attended by a 16 year old son of the informant. They were playing music in high volume. Therefore, the petitioner Mofidul Islam was annoyed. He went there and asked the boys to play music in a low volume. On that issue there was a scuffle between Mofidul Islam and the boys. The informant Abdul Kalam Azad and his family members also arrived at the place of occurrence. 4. It is alleged by Abdul Kalam Azad that his 16 years old son was assaulted on his head with a piece of wood, which caused serious injuries to the son of the informant. At that time, police also arrived there. The injured person was taken to the hospital. 5. Mr. Uddin submits that all the people involved in the incident belong to the same village and all of them are neighbors to each other. According to Mr. Uddin, there is a possibility of settlement between the parties also. 6. Mr. Goswami submits that the injured person sustained injuries on his head. 7. I have considered the submissions made by the learned counsel of both sides. 8. This Court is of the opinion that under the given circumstances, putting the petitioner Mofidul Islam in judicial custody would prevent a possible settlement between the parties. 9. Therefore, this Court is of the opinion that none of the petitioners deserve to be detained in custody. 10. The bail application is allowed for the aforesaid reasons. Page No.# 4/4 11. The interim bail granted on 24.01.2025 in respect of the petitioners, namely, Saidul Islam, Asraful Islam, Mohibul Islam, Amzad Ali, Shahajamal Sk, Saddam Hossain & Jaydul Islam is hereby made absolute. 12. It is also hereby directed that in the event of arrest in connection with Bagribari P.S. Case No. 02/2025, the petitioner, namely, Mofidul Islam shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. He shall appear before the Investigating Officer as and when called for. With the aforesaid direction, the anticipatory bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant