Page No.# 1/4 GAHC010021442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./271/2025 RINGKANG NARZARY S/O SANJAY NARZARY, RESIDENT OF ALOKJHAR,GOSSAIGAON,KOKRAJHAR,BTR, ASSAM 2: SAHIM BRAHMA S/O MAKENDRA BRAHMA RESIDENT OF SINGIMARI PTII GOSSAIGAON KOKRAJHAR BTR ASSAM 3: PABIN BRAHMA S/O OF TUNURAM BRAHMA RESIDENT OF BONGSHIJHORA BOGRIBARI KOKRAJHAR BTR ASSAM 4: DERHASAT BASUMATARY S/O SUNIL BASUMATARY RESIDENT OF JIAGURI KACHUGAON KOKRAJHAR BTR ASSAM 5: SUBUNG HAZOWARY S/O BINAY HAZOWARY RESIDENT OF BOROBADA GURUFELA KACHUGAON Page No.# 2/4 KOKRAJHAR BTR ASSAM 6: AKAJIT BRAHMA S/O TOREN BRAHMA RESIDENT OF SINSILIBARI KACHUGAON KOKRAJHAR BTR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. P BORAH, MR. K BORUAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, Linked Case : AB/272/2025 PRANJAL BRAHMA AND 2 ORS. S/O DILIP KUMAR BRAHMA RESIDENT OF GOSSAIGAON TOWN WARD NO. 4 P.O. AND P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM PIN-783360 2: JALANTA BRAHMA S/O KHANINDRA NATH BRAHMA GOSSAIGAON P.O.AND P.S. GOSSAIGAON DIST.KOKRAJHAR ASSAM PIN-783360 3: BIPUL MUSHAHARY S/O BIJENDRA LAL MUSHAHARY R/O GOSSAIGAON NO 3 Page No.# 3/4 PO AND PS GOSSAIGAON DIST. KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. K BORUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.03.2025 These bail applications are taken up together for disposal by this common order as both the bail applications have arisen out of the same FIR. 2. Heard Mr. K. Boruah, the learned counsel appearing for the petitioners as well as well as Mr. D.P. Goswami, the learned Additional P.P. for the State of Assam. 3. Both these bail applications are filed under Sections 483 and 482 of the BNSS, 2023, whereby the petitioners, Ringkang Narzary, Sahim Brahma, Pabin Brahma, Derhasat Basumatary, Subung Hazowary, Akajit Brahman have prayed for releasing them on bail after they were arrested in respect of Gossaigaon P.S. Case No. 198/2024 corresponding to G.R. No.223/2024 and the petitioners Pranjal Brahma, Jalanta Brahma & Bipul Mushahary have prayed for grant of pre-arrest bail in respect of Gossaigaon P.S. Case No. 198/2024 corresponding to G.R. No.223/2024 . 4. In a market owned by Gossaigaon Town Committee, there were disputes them and the informant regarding allotment of rooms to the shopkeepers. On that issue, they had a scuffle. The informant has alleged that the petitioners had attacked him and other shopkeepers with sharp weapons alongwith iron rods and sticks. Damage was done to the shop of the Page No.# 4/4 informant as well as to the shop of the other shopkeepers. 5. I have considered the submissions made by the learned counsel of both sides. 6. The case diary has sufficient incriminating materials against the present petitioner Jalanta Brahma. Therefore, his prayer for bail is rejected. 7. There are no materials against the petitioners Pranjal Brahma & Bipul Mushahary in the case diary. Therefore, they do not deserved to be detained in custody. It is hereby directed that in the event of arrest in connection with Gossaigaon P.S. Case No. 198/2024, the petitioners Pranjal Brahma & Bipul Mushahary shall be released on bail of Rs.20,000/- each with sureties of like amount to the satisfaction of the arresting authority. They shall co-operate with the police investigation as and when called for. 8. Ringkang Narzary, Sahim Brahma, Pabin Brahma, Derhasat Basumatary, Subung Hazowary, Akajit Brahman have spent 75 days in custody. 9. This Court is of the opinion that under the given circumstances of the case, the petitioners Ringkang Narzary, Sahim Brahma, Pabin Brahma, Derhasat Basumatary, Subung Hazowary, Akajit Brahman do not deserve to be detained in custody for any further period of time. Therefore, the petitioners Ringkang Narzary, Sahim Brahma, Pabin Brahma, Derhasat Basumatary, Subung Hazowary, Akajit Brahman shall be released on bail of Rs.20,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon. With the aforesaid direction, both the bail applications are disposed of. CD shall be returned. JUDGE Comparing Assistant