Page No.# 1/3 GAHC010018412025 2025:GAU-AS:3703 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/202/2025 BILLAL AHMED @ BILLAL UDDIN AND 3 ORS. S/O LATE SURUK MIA R/O VILL-LOARPARA -II ( BAHADURPUR), P.S.NILAM BAZAR, P.O.NILAMBAZAR, DIST.SRIBHUMI (KARIMGANJ), ASSAM 2: ABUL HUSSAIN S/O LATE MOSUL ALI R/O VILL-LOARPARA -II ( BAHADURPUR) P.S.NILAM BAZAR P.O.NILAMBAZAR DIST.SRIBHUMI (KARIMGANJ) ASSAM 3: ABDUL ALI @ ZAKIR HUSSAIN S/O LATE MOSUL ALI R/O VILL-LOARPARA -II ( BAHADURPUR) P.S.NILAM BAZAR P.O.NILAMBAZAR DIST.SRIBHUMI (KARIMGANJ) ASSAM 4: HUSSAIN AHMED @ ALI HUSSAIN S/O KAMAL UDDIN R/O VILL-LOARPARA -II ( BAHADURPUR) P.S.NILAM BAZAR P.O.NILAMBAZAR DIST.SRIBHUMI (KARIMGANJ) Page No.# 2/3 ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 28.03.2025 Heard learned counsel, Mr F Z Mazumdar, for the petitioners, 1) Billal Ahmed @ Billal Uddin, 2) Abul Hussain, 3) Abdul Ali @ Zakir Hussain and 4) Hussain Ahmed @ Ali Hussain, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail, as they are apprehending arrest in connection with Nilam Bazar PS Case No. 203/2024, under Sections 191(2), 191(3), 329(3), 117(2), 118(2) of the BNS, 2023. 2. Heard Mr D P Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 3. The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petiitoners. 4. I have also scrutinized the Case Diary. 5. Indeed, there are incriminating materials in the Case Diary against the petitioner Page No.# 3/3 Nos. 1, 2 and 3, that the victim Subu Miya has sustained two grievous injuries on his head. 6. Considering all aspects, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner Nos. 1, 2 and 3 at this stage. Petition with prayer for anticipatory bail, so far it relates to petitioner Nos. 1, 2 and 3, is rejected, at this stage. 7. However, petitioner No. 4, Hussain Ahmed @ Ali Hussain, is granted anticipatory bail. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with a suitable surety of like amount to the satisfaction of the arresting authority under the condition that the petitioner No. 4 shall appear before the Investigating Officer within one week and cooperate with the investigation, failing which, bail granted to the petitioner No. 4, shall automatically stand cancelled. 9. Anticipatory Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant