Page No.# 1/4 GAHC010172822026 2026:GAU-AS:12444 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2277/2026 BISWAJIT ROY ALIAS KARTIK S/O- LATE LAKHAN CH. ROY R/O VILL - RUPSHI PART-I GENDAPARA PS - KAZIGAON DIST - KOKRAJHAR BTC ASSAM PIN -783331 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : S K PODDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.08.2026 Heard Mr. S. K. Poddar, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Kazigaon P.S. Case No. 27/2026, registered under 103/117(2)/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioner was arrested, was lodged on 12.07.2026, by the brother of the deceased by stating inter alia that on 10.07.2026, at around 7:00 PM, when his brother went to the house of one, Shyamal Roy for having the dinner, the petitioner along with another reached the house of Shyamal Roy and assaulted the bother of informant and caused grievous injuries. It is further stated that Shyamal Roy took his bother to his house later that night of assault and that, on the next day, i.e., on 11.07.2026, the petitioner took the injured victim to the civil hospital and later on for better treatment, the injured was taken to Dhubri Medical College & Hospital, Dhubri, along with the other accused persons as well as the relative of the deceased. It was thereafter, stated that during the treatment, the injured person died on 11.07.2026. 4 Mr. S. K. Poddar, the learned counsel for the petitioner submits that, it was the petitioner who took the victim to the Civil Hospital first and thereafter, with the help of the other accused persons as well as the relative of the victim took Page No.# 3/4 the victim to the Dhubri Medical College & Hospital for better treatment. The learned counsel also relied on the medical certificate of cause of death issued by Dhubri Medical College and Hospital, wherein, it was stated that, the cause of the death of the deceased was due to aspiration pneumonia and as far as the antecedent cause, it was reflected that the underlying condition was Alcohol Withdrawal Seizure and the manner of death was reflected as natural. It is also submitted by Mr. Poddar, that the petitioner was inside the jail for 47 days. 5. On the other hand Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State, by relying on the Case Diary had stated that, although, there were no eye witness to the occurrence but by relying on the post mortem report, he submits that the death of the deceased was due to coma, resulting from the injuries sustained over the head. The learned Addl. Public Prosecutor for the State, further submits that the contents of the stomach was sent to the FSL for examination and the said report was yet to be received by the police personal. 6. Upon consideration of the submissions made by the learned counsels, moreso, in view of the fact that, the petitioner was inside the jail for 47 days and his statements and all were also recorded and most of the investigations seems to be over with the only remaining task of receiving the FSL report, this court finds it fit that the petitioner be released on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of CJM, Kokrajhar under the following conditions: (i) the petitioner shall appear before the Investigating Officer as and when called for. Page No.# 4/4 (ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) the petitioner shall not leave their residence without prior permission of the Investigating Officer. 7. The Bail Application stands disposed of. JUDGE Comparing Assistant