Page No.# 1/3 GAHC010051082025 2025:GAU-AS:4796 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/592/2025 SAIDUR RAHMAN @ SAYED ALI AND 2 ORS S/O BAKTAR ALI R/O VILL- CHAMPUPARA GAON P.O. CHAMPUPARA BAZAR, P.S. CHHAYGAON DIST. KAMRUP, ASSAM 2: BAHARUL ISLAM @ BAHAR ALI S/O BAKTAR ALI R/O VILL- CHAMPUPARA GAON P.O. CHAMPUPARA BAZAR P.S. CHHAYGAON DIST. KAMRUP ASSAM 3: SADIQUL ISLAM S/O SAIDUR RAHMAN @ SAYED ALI R/O VILL- CHAMPUPARA GAON P.O. CHAMPUPARA BAZAR P.S. CHHAYGAON DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN,MR. A WAHAB Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22.04.2025 1. Heard learned Senior Counsel Mr.H.R.A.Choudhury assisted by Mr. A.Wahab, learned counsel for the petitioners 1. Saidur Rahman @ Sayed Ali, 2. Baharul Islam @ Bahar Ali and 3. Sadiqul Islam who have filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Goroimari PS Case No. 128/2024 under Sections 103/126(2)/3(5)/61(2) of the BNS,2023. 2. Learned Addl.Public Prosecutor Mr.K.K.Das is present for the State respondent who submits that part charge-sheet has been submitted by the I.O. by stating that supplementary charge sheet will be submitted as per provision of Section 193 (8) of the BNSS after receiving the final post-mortem examination report. 3. I have considered the submissions at the Bar. 4. The FIR unfolds that on 16.11.2024 at about 9.30 pm during a Youth Festival of Brahmaputra Valley Academy in the playground of Goroimari Town Club, the petitioners along with some miscreants stabbed Lohit Hussain, the informant’s son with knife on being instructed and instigated by the accused No. 8, 9, 10, 11, 12, 14 and 15 named in the FIR. It is alleged that the incident occurred in a pre-planned manner. The victim Lohit Hussain ran away from the place of occurrence and took shelter in a temporary shop but the accused Nos. Page No.# 3/3 1, 2, 3, 4, 5, 6, 7 and 13 named in the FIR pursued him and on being instigated and instructed by the accused No. 8,9,10,11,12,14 and 15 named in FIR killed Lohit Hussain. It is submitted that the petitioners are accused Nos. 3, 4 and 6 as named in the FIR . The petitioner No. 3 is the son of the petitioner No.1 and petitioner Nos. 1 and 2 are brothers. It is further submitted that the accused Abdur Razzak a year ago had lodged an FIR on 03.12.2023 against Lohit Hussain relating to an assault during a celebration of 18th freshmen social of Champupara Higher Secondary School. 5. Learned Addl.Public Prosecutor has submitted that some unknown miscreants are yet to be arrested as charge sheet suggests. 6. I have also scrutinized the scanned copies of the trial court record. 7. The merits of this case are not brought to the fore. 8. At this juncture, after scrutinizing the Case Diary, it appears that there is no justified reason to extend the privilege of pre-arrest bail the present petitioners. 9. The pre-arrest bail petition stands rejected at this stage. JUDGE Comparing Assistant