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2026 DAILYLAW 11267 (GAU)

JAHIR AHMED ALIAS JAHANGIR ALOM AND ANR v. THE STATE OF ASSAM

AB/658/2026 · 2026-07-27

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010060202026 2026:GAU-AS:10320 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/658/2026 JAHIR AHMED ALIAS JAHANGIR ALOM AND ANR S/O ABDUL FATTAH ALIAS ABDUL FATTAR R/O. VILLAGE PACHIM HAFANIA, P.O. KANAIBAZAR, P.S. PATHARKANDI DISTRICT SRIBHUMI, ASSAM. 2: SAMED UDDIN S/O. ABDUL AZIZ R/O. VILLAGE MADAN DIGIR PAR P.O. AND P.S. PATHARKANDI DISTRICT SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MRS. S D CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 28.07.2026 Heard Ms. S.D. Choudhury, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State Page No.# 2/3 of Assam. 2. This is an application under Section 482 BNSS, 2023 praying for granting anticipatory bail to the accused/petitioners, namely, 1. Jahir Ahmed @ Jahangir Alom and 2. Samed Uddin, who are apprehending arrest in connection with Partharkandi P.S Case No. 10/2026 under Section 61(2)/303(2)/117(2)/109 of BNS, 2023 r/w section 25(1-B) (a)/27 of Arms Act. The case was registered based on the FIR dated 28.01.2026. 3. It is alleged that with regard to a missing mobile phone which was subsequently recovered from the possession of Accused No. 3 in the FIR, the accused persons named in the FIR, along with others, came to the informant's house and threatened him. Subsequently, they hit him on the head with a pistol and also fired bullets, as a result of which he ran away and saved his life. 4. The Case Diary was called for, but the prosecution submitted that in the meantime, the investigation also stands completed, resulting in a charge sheet. 5. Although scanned copy of the charge-sheet was called for on the previous date, it is submitted by the learned Addl. P.P that the charge-sheet has not been filed and instead has produced the case diary. 6. On perusal of the Medical Report it appears that the injuries suffered by the victim are simple in nature. Although there is allegation of firing with a pistol, it appears that no one was targeted. Therefore, Section 109 of BNS may not be attracted. No pistol has been recovered by the I.O. 7. Having regard to the aforesaid materials, I am of the view that the petitioners are entitled to the privilege of pre-arrest bail. Accordingly, the prayer Page No.# 3/3 for pre-arrest bail is allowed. 8. The order of interim pre-arrest bail dated 06.05.2026 is hereby made absolute on the same terms and conditions as may be applicable as of date. 9. It is further directed that the petitioner shall appear before the I.O within a period of 10 (ten) days from today. 10. The Anticipatory Bail petition, is accordingly stands disposed of. JUDGE Comparing Assistant