Page No.# 1/2 GAHC010041732025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/460/2025 FOYAZ UDDIN AHMED BORBHUYAN ALIAS FOYAZ BARBHUIYA SON OF LATE BASIR UDDIN AHMED BORBHUYAN, A RESIDENT OF DOBOKA TOWN WARD NO - 01, P.O. - DOBOKA P.S - DOBOKA, DIST - HOJAI (ASSAM) 782440 VERSUS THE STATE OF ASSAM REP.BY PP ASSAM Advocate for the Petitioner : TAWHID LASKAR, A BORBHUYAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 28.02.2025 Heard Mr. S. Nawaz, the learned counsel appearing for the petitioner. Also heard Page No.# 2/2 Mrs. N. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre- arrest bail in respect of Doboka P.S. Case No.27/2025 under Section 61(2)/316(2)/308(2)/351(2) of BNS, 2023. 3. The informant lady has alleged in the FIR that she had entered into an agreement with Ashukur Rahman Chowdhury to purchase a plot of land. Money was also paid. There was a passage leading to that plot of land. 4. Now, Ashukur Rahman Chowdhury allegedly demanding another amount of ₹5 lakh for allowing her to use that passage. It is alleged that the present petitioner had instigated Ashukur Rahman Chowdhury. 5. I have considered the submissions made by the learned counsel of both sides. 6. On a plain reading of the FIR, it is clear that it is a civil dispute which has been given the colour of a criminal case. The informant has other forum to seek justice. For the aforesaid allegation, the petitioner does not deserve to be detained in custody. Therefore, his pre-arrest bail application is allowed. 7. It is hereby directed that in the event of arrest in connection with Doboka P.S. Case No.27/2025 under Section 61(2)/316(2)/308(2)/351(2) of BNS, 2023, the petitioner, namely- Foyaz Uddin Ahmed Borbhuyan @ Foyaz Barbhuiya shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of arresting authority. With the aforesaid direction, the anticipatory bail application is disposed of accordingly. JUDGE Comparing Assistant