Page No.# 1/4 GAHC010039282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./501/2025 MITHU AHMED S/O ALAUDDIN AHMED R/O BARAMA ROAD, P.S. NALBARI, DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, U U KHAN (FOR INFORMANT),MR. M A CHOUDHURY (FOR INFORMANT),MR. A AHMED (FOR INFORMANT) Linked Case : AB/432/2025 KAUSHIK KASHYAP AND ANR SON OF LATE HITESH KALITA R/O LALMATI P.S.TEZPUR DIST. SONITPUR ASSAM PIN-784001. 2: PRINCE DAS S/O LATE PHANIDHAR DAS Page No.# 2/4 R/O PANJABARI BAGHARBORI P.S. SATGAON GUWAHATI DIST. KAMRUP (METRO) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A CHAUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2025 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. B.K. Mahajan, the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Additional Public for the State of Assam as well as well Mr. A. Ahmed, the learned counsel appearing for the informant. 3. Both these bail applications are filed under Sections 482 and 483 of the BNSS, 2023, in respect of Bhangagarh P.S. Case No. 43/2025 praying for pre-arrest bail as well as for regular bail. 4. On 17.02.2025, an FIR was lodged before police alleging that Jince Bora had gone to Rajiv Bhawan situated at ABC, Guwahati in order to compete for the post of NSUI President. At that time some persons, namely, the petitioner Kaushik Kasyap & Prince Das in AB No. 432/2025 and the present petitioner Mithu Ahmed in BA No. 501/2025 had attacked Jince Page No.# 3/4 Bora and caused grievous injuries to him. 5. Mr. Mahajan has produced the medical reports pertaining to Jince Bora and the present petitioner Mithu Ahmed. Jince Bora sustained injuries on his head for which those injuries had to be stitched. 6. On the other hand, Mithu Ahmed sustained fracture on his hand. 7. Mr. Mahajan has pointed out to that having stiches on the head means simple injuries as mentioned under Section 116 of BNS, 2023, whereas fracture means injuries according to that provisions of law. Though Mr. Mahajan has filed injury reports issued by the Gauhati Medical College & Hospital, Mr. Ahmed has submitted that those injury reports should have been sent to police. 8. Mr. Ahmed submits that he is yet to received certain medical report which might be sent by police. 9. From the contents of the FIR that Jince Bora sustained injury on his head, he was hit by wooden chair. 10. To that effect, Mr. Mahajan submits that the wooden chair is not sharp weapon as recognized by law. 11. Mr. Goswami submits that the petitioners Kaushik Kashyap and Prince Das, who have been granted interim bail by this Court, have already appeared before the Investigating Officer and their statements have also been recorded. 12. I have considered the submissions made by the learned counsel of both sides in the light of the materials available in the record. 13. There is no doubt that Mithu Ahmed sustained fracture on his left hand. 14. This Court is of the opinion that the petitioner Mithu Ahmed no longer deserve to be detained in custody. Therefore, the Bail Application No. 501/2025 filed by the petitioner Mithu Ahmed is allowed. 15. It is hereby directed that the petitioner Mithu Ahmed, who was arrested in connection with Bhangagarh P.S. Case No. 43/2025, shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup Page No.# 4/4 (Metro), Guwahati, Assam. 16. Since the petitioners, Kaushik Kashyap and Prince Das have already appeared and co- operated with the Investigating Officer, they do not deserve to be detained in custody. Therefore, the Anticipatory Bail Application No. 432/2025 filed by the petitioners Kaushik Kashyap and Prince Das is allowed. 17. It is hereby directed that the interim bail granted by this Court on 25.02.2025 in favour of the petitioners Kaushik Kashyap and Prince Das is hereby made absolute. 18. The petitioners Kaushik Kashyap and Prince Das shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, both the bail applications are disposed of. CD shall be returned. JUDGE Comparing Assistant