Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 12435 (GAU)

HIFZUR RAHMAN AND 4 ORS. v. THE STATE OF ASSAM

AB/1291/2026 · 2026-08-04

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010118892026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1291/2026 HIFZUR RAHMAN AND 4 ORS. S/O JABAN ALI 2: MIZANUR RAHMAN S/O JABAN ALI 3: JIYABUR RAHMAN S/O JABAN ALI 4: ANAR HUSSEN S/O HAJRAT ALI ALL ARE RESIDENT OF R/O VILL. DHINGBORI PATHAR P.S. JURIA P.O. RUPOHI DIST. NAGAON ASSAM PIN-782124 5: MAFIJUL ISLAM S/O JABAN ALI R/O VILL. BARBIL DHANSHILA ISLAMPUR VTC BARPANI BAGAN KAMPUR P.O. BAITHALANGSO DIST. NAGAON ASSAM PIN-78245 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED P P GOVT. OF ASSAM Advocate for the Petitioner : DARAK ULLAH, D.R. AHMED,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, MR. UDDYAN BHATTACHARYYA,MR. UDDYAN BHATTACHARYYA (FOR INFORMANT) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 05. 08.2026 Heard Mr. S. Ahmed, learned counsel for the petitioners and Mr. RJ Baruah, learned Addl. Public Prosecutor, Assam for the State respondent. Also heard Ms. S.F. Nerra, learned counsel, appearing on behalf of Mr. U. Bhattacharya, learned counsel for the informant. 2. This is an application under Section 482 of BNSS, 2023, for granting pre- arrest bail to the petitioners namely 1. Hifzur Rahman, 2. Mizanur Rahman, 3. Jiyabur Rahman, 4. Anar Hussen and 5. Mafijul Islam, apprehending arrest in connection with Juria P.S. Case No. 110/2026 registered Sections 61(2)/ 118(2)/ 308(2)/ 351(2)/ 3(5) of BNS, 2023. 3. As per the FIR, the petitioners encroached the land of the informant and in this regard the informant had filed an application under Sections 163/ 195 of the BNSS, 2023 and on coming to know about the same, the petitioners hired some unknown persons and attacked the informant side with deadly weapons and caused grievous injuries to the members of the family of the informant side. 4. This Court by order dated 16.06.2026 has granted interim protection. 5. The learned Additional Public Prosecutor submits that from the injury report, it appears that some of the injuries were simple while another was grievous injury. 6. The learned counsel for the informant submits that the informant side has no objection if the pre-arrest bail is granted to the petitioners. Page No.# 3/3 7. Having regard to the above as well as the nature of the allegations, the prayer for pre-arrest bail is allowed. 8. Accordingly, the interim order dated 16.06.2026 is hereby made absolute, subject to the conditions that the petitioners shall cooperate with the investigation as and when required and shall not intimidate any persons acquainted with the facts of the case. 9. The bail application accordingly stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant