Page No.# 1/5 GAHC010042852026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/484/2026 SIDDIK ALI ALIAS SIDDIQUE ALI AND 4 ORS. S/O-ANOWAR HUSSAIN SHEIKH ALIAS ANO, R/O- KAUNIABHASA, FULGURI, UJAN PARA, P.O.-KALIPUKHURI, P.S.-KOKRAJHAR, DIST.- KOKRAJHAR, ASSAM, PIN-783369 2: ABUL HUSSAIN SHEIKH ALIAS ABUL HUSSAIN S/O-ANOWAR HUSSAIN SHEIKH ALIAS ANO R/O- KAUNIABHASA FULGURI UJAN PARA P.O.-KALIPUKHURI P.S.-KOKRAJHAR DIST.-KOKRAJHAR ASSAM PIN-783369 3: ASAT ALI ALIAS ASAD ALI S/O-ANOWAR HUSSAIN SHEIKH ALIAS ANO R/O- KAUNIABHASA FULGURI UJAN PARA P.O.-KALIPUKHURI P.S.-KOKRAJHAR DIST.-KOKRAJHAR ASSAM PIN-783369 4: HARUN ALI S/O- SAIJUDDIN ALI R/O- KAUNIABHASA FULGURI UJAN PARA P.O.-KALIPUKHURI Page No.# 2/5 P.S.-KOKRAJHAR DIST.-KOKRAJHAR ASSAM PIN-783369 5: LALCHAND ALI S/O- SAHAJAHAN ALI R/O- KAUNIABHASA FULGURI UJAN PARA P.O.-KALIPUKHURI P.S.-KOKRAJHAR DIST.-KOKRAJHAR ASSAM PIN-78336 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM, Advocate for the Petitioner : MR. S AHMED, MR M RAHMAN,T UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 09.03.2026 Heard Mr. S. Ahmed, learned counsel appearing for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State. By this application, the petitioners have prayed for pre-arrest bail in connection with Basugaon P.S. Case No. 4/2026 registered under Section Page No.# 3/5 117(2)/3(5) of BNS, 2023. The FIR dated 18.02.2026 reveals that on 16.02.2026 at about 09:00 am while the informant was marketing at Basugaon, one person known to him informed him through mobile phone that some persons came to take his buffalo claiming that one belongs to them. On hearing, the informant reached the sand mahal, where he work along with others and taking one partner along with him, he saw 20 number of persons present in the mahal and the petitioners were amongst the said 20 numbers of persons. It is also alleged that when the informant asked him as to why they have taken the buffalo, the petitioners started attacking him and his companions due to which the informant received injury on his right hand and his nose was broken and that at that juncture, Rs. 90,000/- was taken from the informant. Mr. S. Ahmed, learned counsel appearing for the petitioner submits that the said allegations against the petitioners were not correct and that the petitioners had also lodged an counter ejahar on the same day, where the first FIR was lodged stating inter alia that on 16.02.2026 at about 10:00 am, the son of the informant was wrongfully restrained and efforts were made to abduct him by compelling him to get into a vehicle by the accused persons and that the accused persons by showing pistol forcibly snatched away Rs. 1,10,000/- from his possession. However, it is stated the son managed to Page No.# 4/5 escape and an FIR was lodged. The Counsel as such submits that the tussle is between two groups and both parties have assaulted each other. Mr. P. Borthakur, learned Additional Public Prosecutor for the State submits that the injury sustained by the victim as mentioned in the FIR is a serious injury and that not only the victim sustained but also his companion and as such has prayed for calling of the case diary. Upon consideration of the submissions made at the bar, more so due to the fact that counter FIR was lodged by the petitioners on the same day and that the occurrence was stated to be after one hour of the first FIR, this Court deems it fit that the petitioners be released on pre-arrest bail on furnishing bail bond of Rs. 20,000/- each with one local surety of like amount each to the satisfaction of arresting authority, Basugaon under the following conditions: i) The petitioners to appear before the I.O. within 10 days from today. ii) The petitioner will appear before the Trial Court as and when call for. iii) The petitioner will not influence the witnesses connected with the case. Page No.# 5/5 Petition is disposed of. JUDGE Comparing Assistant