Page No.# 1/3 GAHC010120582026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1319/2026 SANOWAR HOSSAIN AND ANR S/O JAHIRUL ISLAM VILL- FULKATARI, P.S- FAKIRGANJ, DIST DHUBRI, ASSAM 2: SADDAM HOSSAIN S/O JAHIRUL ISLAM VILL- FULKATARI P.S- FAKIRGANJ DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 27 .0 7 . 2026 Heard Mr. S. Islam, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam for the State respondent. Page No.# 2/3 2. This application has been filed by the petitioners namely, (1) Sanowar Hossain and (2) Saddam Hossain under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail, apprehending arrest in connection with Fakirganj P.S. Case No. 39/2026, registered under Sections 61(2)/ 329(4)/ 117(2)/ 103(1) of the BNS, 2023. 3. The allegation against the petitioners is that the petitioner No. 1 trespassed into the premises of the informant alongwith the petitioner No. 2 and asked him about not attending the marriage ceremony of his nephew (i.e. the petitioner No. 2) and an altercation took place between them and assaulted him with hand blow, kick etc. and felled the informant to the ground. The petitioner No. 1 also with the help of other accused persons assaulted on the head of the son of the informant with a piece of wood with an intention to kill him and his son received grievous injuries and as a result he became senseless and he was taken to Dhubri Medical College wherefrom he was referred to GMCH for better treatment, but they took him to Coach Behar Hospital where his son died. As a result, h Fakirganj P.S. Case No. 39/2026, under Sections 61(2)/ 329(4)/ 117(2)/ 103(1) of the BNS, 2023 has been registered against the accused petitioners. 4. The I.O. has submitted the charge sheet wherein two accused persons namely Sonwar Hossain and Jahirul Islam have been implicated. 5. Perusal of the TCR including the post-mortem report reveals sufficient incriminating materials against the petitioner No. 1 Sonwar Hossain. Accordingly, the prayer for pre-arrest bail in respect of the petitioner No. 1 Sonwar Hussain stands rejected. 6. Since the C.S. has not shown any implication against Saddam Hossain as an accused, in so far as the said accused/petitioner No. 2 is concerned, his Page No.# 3/3 prayer for pre-arrest bail has become infructuous. 7. The bail application stands dismissed. JUDGE Comparing Assistant