Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010035092025
2025:GAU-AS:3494
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/437/2025 JOY KUMAR BISWAS AND ANR S/O MONMOHAN BISWAS R/O VILL-BORPAK,MAYONG P.O. MAYONG, P.S. MAYONG DIST. MORIGAON, ASSAM PIN-782411 2: RANJIT BISWAS S/O MONMOHON BISWAS R/O VILL-BORPAK MAYONG
P.O.MAYONG
P.S. MAYONG DIST. MORIGAON ASSAM PIN-78241 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S K SARKAR, MS. S DAS,MS R KALITA,MS J BORUAH Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 26.03.2025
1. Heard learned Counsel Mr. S.K.Sarkar for the petitioners, Joy Kumar Biswas and Ranjit Biswas who have filed this application under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as they are apprehending arrest in connection with Mayong PS Case No. 128/2024 ( GR No. 1418/2024) under Sections 115 (2)/118/3(5) of the BNS.
2. Mr. D.P.Goswami, learned Addl.Public Prosecutor who is present for the respondent State has strongly raised objection as there are incriminating materials against the petitioner in the Case Diary. It is also submitted that the victim had sustained stab injury on the head.
3. I have scrutinized the Case Diary. There are indeed incriminating materials against the petitioners. The allegation against the petitioners is that they assaulted the victim with weapon like dao sickle etc. It is submitted that two accused persons have already been granted bail by the learned JMFC, Morigaon.
4. Case Diary reveals that investigation has progressed substantially. Injury report reveals that the victim sustained simple lacerated injury on his head.
5. It appears that pre-arrest bail may be granted to the petitioners.
6. In the event of the arrest of the petitioners named above, they shall be released on pre-arrest bail on furnishing bail bond of Rs.20,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions:
Page No.# 3/3 i) That the petitioners shall appear before the I.O. within one week from today and shall co-operate with the investigation, ii) That the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, iii) That the petitioners shall not leave the jurisdiction of the Court without prior permission.
10. On breach of any of the above conditions, Court is at liberty to immediately cancel the pre-arrest bail granted to the petitioners.
11. In terms of the above observations, the pre-arrest bail application stands
disposed of.
12. Send back the Case Diary. JUDGE Comparing Assistant