Page No.# 1/2 GAHC010017452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/198/2025 GUNIN BORA AND ANR S/O SRI NORAM BORA R/O GURJOGONIA GAON, P.O.POKAMURA, P.S.PULIBOR, DIST.JORHAT, ASSAM 2: SMRTI REKHA BORA W/O SRI GUNIN BORA R/O GURJOGONIA GAON P.O.POKAMURA P.S.PULIBOR DIST. JORHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR B KAUSHIK, K BHARALI,MR. S HAZARIKA,MR S M T CHISTIE Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 20.02.2025 Heard Mr. SMT Chistie, the learned counsel appearing for the petitioners. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Pulibor P.S. Case No.163/2024 under Section 118(2)/329(4)/296/109/3(5) of the BNS, 2023. 3. It is alleged in the FIR that on 25.11.2024 there was a fighting between the two groups of people. One group consisted of the present two petitioners along with Saurav Dutta and the other group consisted of Prabhat Bora. In that fight, Saurav Dutta attacked Prabhat Bora with a sharp weapon. As a result, all the fingers of the left hand of Prabhat Bora were chopped off. 4. The 58 year old present petitioner no.1 and the 42 year old present petitioner no.2 were present at the place of occurrence. 5. The actual occurrence was committed by Saurav Dutta. 6. I have considered the submissions made by the learned counsel of both sides. 7. Simple presence at the place of occurrence does not justify detention of the present two petitioners in custody. Therefore, their pre-arrest bail application is allowed. 8. It is hereby directed that in the event of arrest in connection with Pulibor P.S. Case No.163/2024 under Section 118(2)/329(4)/296/109/3(5) of the BNS, 2023, the petitioners, namely- Sri Gunin Bora and Smti. Rekha Bora shall be released on bail of ₹20,000/- with sureties of like amount to the satisfaction of the arresting authority. 9. Both the petitioners shall appear before the Investigating Police Officer within next 10(ten) days from today. 10. With the aforesaid direction, the anticipatory bail application is disposed of. Return the Case Diary. JUDGE Comparing Assistant