Page No.# 1/3 GAHC010170512026 2026:GAU-AS:12697 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1876/2026 MASPI HUSSAIN AND ANR S/O SAMSUDDIN AHMED, 2: SUFIYA BEGUM W/O MASPI HUSSAIN BOTH RESIDENTS OF VILL -AMONISHALI BAGARIGURI NEAR MASJID P.S. - RAHA DIST - NAGAON ASSAM -78210 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR,MR. C SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 02.09.2026 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. Page No.# 2/3 2. By this application the petitioners have prayed for pre-arrest bail in connection with Raha P.S. Case No. 120/2026, registered under Sections 109/117(2)/127(2)/309(4)/61 of BNS, 2023. 3. The FIR in connection with which the petitioners have prayed for pre- arrest bail was lodged by one, Mr. Sultan Ahmed, stating inter alia that, accused no. 1 and petitioner no. 2 had called him as well as his family members, which included 3( three) persons to their house and when they reached, the accused persons, one of them being the petitioner closed the door and assaulted them physically and caused grievous injuries. The accused persons had also attempted to kill them and by showing knife, the petitioner and the another had robbed Rs. 5, 50, 000/- (Rs. Five Lakh Fifty Thousand) from the complainant side. It is also alleged that the accused persons including the petitioner had taken away the vehicle’s documents and tools. 4. Mr. Poddar, the learned counsel for the petitioner, has submitted that the story narrated in the FIR is a concocted one and that the petitioners have no connection whatsoever with the offence in question, if at all the same was committed. 5. Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State, on perusal of the Case Diary, submits that the injuries upon the victims were not grievous and the same were simple but there are materials showing that the petitioner and the other accused persons has robbed Rs. 5, 50,000/-(Rupees Five Lakh Fifty Thousand) from the complainant side and as such, he objects to Page No.# 3/3 allowing the petitioners on pre-arrest bail. 6. On consideration of the submissions made by the learned counsels, more so, in view of the fact that, the story narrated in the FIR displays suspicion with regards to its authenticity, this Court deems it fit to enlarge the petitioners on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/-(Rupees Twenty Thousand) each with one local surety each of the like amount to the satisfaction of the Arresting Authority, under the following conditions: (i) The petitioners should positively appear before the Investigating Officer within a period of 10 days from today and cooperate with the investigation without any failure. (ii) The petitioners should not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioners will not leave their residence without prior permission of the I.O. 7. The AB Application stands disposed of. JUDGE Comparing Assistant