Page No.# 1/3 GAHC010194592026 2026:GAU-AS:13143 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2151/2026 NAHARUL ISLAM BARBHUIYA S/O LATE. MOIN UDDIN BARBHUIYA, VILLAGE VICHINGCHA-I, P.O. VICHINGCHA, P.S. HAILAKANDI, DISTRICT HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,S. M. ZINNA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.09.2026 1. Heard Mr. A.M. Barbhuiya, learned counsel appearing for the petitioner. Also heard Ms. S.H. Borah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for the grant of pre-arrest bail in connection with Hailakandi P.S. Case No. 157/2026 registered under Sections 118(1)/132/351(3)/318(4) of the BNS, 2023. Page No.# 2/3 3. The FIR, in connection with which the petitioner apprehends arrest was also lodged on 20.08.2026 and registered at Hailakandi Police Station. However, the information in respect of the alleged incident was received on 04.09.2026 from the wife of one Mehbub Ahmed Laskar who inter alia stated that her husband was working as an Assistant Teacher in the school where the petitioner was serving as the Academic In-charge. It was alleged that on 20.08.2026 at about 7:40 a.m. the petitioner attacked the informant's husband with a chair, stick, dao etc. The informant further alleged that her husband sustained injuries on various parts of his body including internal injuries. In the said FIR, the informant further stated that although her husband had been attending the school regularly, the petitioner had allegedly marked him absent in the attendance register. 4. Mr. A.M. Barbhuiya, learned counsel appearing for the petitioner submits that the said FIR was lodged as a counterblast to the FIR lodged by the petitioner against Mehbub Ahmed Laskar who was working as a teacher in the same school in which the petitioner was also serving as a Science Teacher and Academic In-charge with effect from 14.08.2026. He further submits that in the FIR lodged by the petitioner, it was specifically stated that after the petitioner had reached the school on 20.08.2026, Mehbub Ahmed Laskar arrived there and questioned him as to why he had submitted a complaint before the DC Office regarding his absence. It was further alleged that following such questioning, Mehbub Ahmed Laskar attacked the petitioner on his head and other parts of his body. 5. Ms. S.H. Borah, learned APP appearing for the State of Assam however submits that it is alleged that the petitioner had attacked the informant's Page No.# 3/3 husband on various parts of his body. She therefore submits that the case diary would make the position clear and that the injury report may also be perused. 6. On consideration of the submissions made by the learned counsel for the parties, and more so in view of the fact that the information regarding the alleged incident was furnished to the police station after a considerable delay, this Court deems it fit to enlarge the petitioner on pre-arrest bail upon furnishing a bail bond of Rs.20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioner shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure, (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 his residence without prior permission of the Investigating Officer. 7. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant