Page No.# 1/4 GAHC010029652025 2025:GAU-AS:3214 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/336/2025 JAHIRUL HOQUE AND 4 ORS S/O KHOSH MAMUD R/O VILL- BHERBHERI, P.O. KHALISHAVITA, P.S. LAKHHIPUR DIST. GOALPARA, ASSAM 2: SONAUDDIN @ SHONA UDDIN KHAN S/O LATE KALU SHEIKH R/O VILL- BHERBHERI P.O. KHALISHAVITA P.S. LAKHHIPUR DIST. GOALPARA ASSAM 3: JIYAUR RAHMAN @ JIYAUR RAHMAN S/O DALIL UDDIN R/O VILL- BHERBHERI P.O. KHALISHAVITA P.S. LAKHHIPUR DIST. GOALPARA ASSAM 4: JOWAN JODDAR @ JABAN JODDAR S/O KHOSH MAMUD R/O VILL- BHERBHERI P.O. KHALISHAVITA P.S. LAKHHIPUR DIST. GOALPARA ASSAM 5: IJAJUL HOQUE @ EAJADUL HOQUE BEPARI S/O HARIF UDDIN BEPARI A RESIDENT OF VILL- SATSIA KHAMAR P.O.KHALISHAVITA P.S.LAKHIPUR Page No.# 2/4 DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALI, MD. ANARUL ISLAM,H R KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24-03-2025 Heard Mr. M. Ali, learned counsel for the petitioner Nos. (1) Jahirul Hoque, (2) Sonauddin @ Shona Uddin Khan, (3) Jiyaur Rahman @ Jiyar Rahman, (4) Jowan Joddar @ Jaban Doddar and (5) Ijajul Hoque @ Eajadul Hoque Bepari, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Lakhipur Police Station Case No. 278/2024 under Section 329(3)/296/351(2)/325/326(g)/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam. 3. It is submitted that there is a land dispute between both the parties and the Executive Magistrate, Goalpara had passed an order in connection with the same land, dated 25.06.2024 in connection with Misc. Case No. 161/2023 restraining the informant and her family members from entering into the Page No.# 3/4 petitioners’ land. The petitioners have also preferred a complaint against the informant and her family members which was registered as Misc Case No. 110/2024. Now, the informant has brought up a false case against the petitioners that they have set ablaze her entire homestead and reduced the same to ashes by pouring petrol. It is submitted that these are false allegations against the petitioners. Apart from the informant there is not a single eye witnesses in this case. 4. I have scrutinized the Case Diary. Investigation has progressed substantially. One person was already arrested and enlarged on bail in connection with Bail Application No. 396/2025. It appears that anticipatory bail may be granted to the petitioners. The petitioners are willing to cooperate with the remaining part of investigation and to abide by stringent bail conditions if imposed upon them. 5. Considering all aspects, petition is allowed. 6. In the event of their arrest, the petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners shall refrain from such activities with which they are alleged, Page No.# 4/4 (iii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (iv) the petitioners shall not exercise threats to the witnesses and maintain the peace and, (v) the petitioners shall not leave the jurisdiction of the Court without prior permission. 7. On breach of any of the bail conditions, bail order shall automatically stand cancelled. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant