Page No.# 1/4 GAHC010197032026 2026:GAU-AS:13150 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2666/2026 BHABEN DAS SON OF LATE BIJOY DAS RESIDENT OF RANGIA, WARD NO. 7, ARIMATTA SCHOOL, P.S. RANGIA, DIST. KAMRUP (R), ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : --09.09.2026 Heard Mr. B. K. Mahajan, the learned senior counsel assisted by Mr. N. Mahajan, the learned counsel for the petitioner and Ms. S. H. Bora, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application the petitioner has sought for bail in connection with Rangia Police Station Case No. 210/2026, registered under Sections 126(2)/118(2)/109(2)/308(5) of the BNS, 2023 along with Section 103(1) of BNS, 2023, which is added later. 3. The FIR in connection with which the petitioner was arrested and is put behind the bars for the last 58 days, was lodged by the brother of the victim on 14.07.2026, stating inter alia that when the victim that his elder brother was going to the hospital taking dinner for his mother who was admitted therein, the petitioner intercepted the victim in front of the Hanuman Temple and attacked him with sharp weapon randomly and that the petitioner tried to kill him. It was also stated that the petitioner took an amount of Rs. 20,000/- (Rupees Twenty Thousand) from the pocket of the victim and fled away from the place of occurrence. The informant also stated that the petitioner is involved in drugs trafficking on earlier occasions and that; there were complaints against him of giving threatening to others. 4. Mr. Mahajan, the learned counsel for the petitioner, submits that the petitioner is suffering from various ailments and that, although it is stated in the Page No.# 3/4 FIR that the petitioner had attacked the victim with sharp weapons but no weapons were recovered by the police till date. He also has placed the observations made by the Court of Sub-Divisional Chief Judicial Magistrate, Rangia, by its order dated 14.07.2026, wherein, it was stated that there was a mutual altercation between the victim and the petitioner and the petitioner had also sustained injuries on his right hand and shoulder. He further submits that the petitioner has been inside for a period of 58 days, and that the facts of the case does not disclose that the same is an offence under 103(1) of the BNS, 2023, rather it will be culpable homicide not amounting to murder and in that case, the statutory period would be 60 days for completion of the investigation. 5. Ms. S. H. Bora, the learned APP, on the other hand submits, that the petitioner had assaulted the victim as stated in the FIR, and the victim met his death due to the assault and as such, the petitioner may not be released on bail or that, the Case Diary may be seen. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact, that petitioner has many ailments and he had also sustained injuries in the alleged altercation between him and the victim and further that no weapon was seized in connection with the said offence, this court finds it fit to enlarge the petitioner 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 the SDJM, Rangia under the following conditions: (i) The petitioner shall positively appear before the Investigating Officer as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, Page No.# 4/4 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