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2026 DAILYLAW 15152 (GAU)

MAJIBUR RAHMAN v. THE STATE OF ASSAM

AB/2079/2026 · 2026-09-24

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010182692026 2026:GAU-AS:14348 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2079/2026 MAJIBUR RAHMAN S/O LATE ISMAIL HUSSAIN, R/O GERUA ATI, PO GERUAATI BAZAR, SUB DISTRICT SAMAGURI, DIST NAGAON, ASSAM, PIN 782140 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A SHARMA, MR I AHMED Advocate for the Respondent : PP, ASSAM, MR. U CHOUDHURY(INFORMANT) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25.09.2026 Heard Mr. A. Sharma, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State and Mr. U. Choudhury, learned counsel for the informant. 2. By this petition has been filed under Section 482 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Majibur Rahman, has prayed for granting pre-arrest bail, apprehending arrest in connection with Khatowal P.S. Case No. 27/2026 u/s 296(b)/109(1)/118(2) of BNS, 2023. 3. The allegations in the FIR dated 14.06.2026 naming two accused persons including the present petitioner are that on 13.06.2026, the informant side objected upon seeing the accused persons working on their purported land and upon doing so, firstly abused the informant’s father thereafter assaulted, causing grievous injuries. 4. The learned counsel for the petitioner submits the petitioner and the informant are relatives and they had land dispute which was settled after proceeding before the Revenue Court and that, on the day of the incident, the informant side was the aggressor and that the brother of the present petitioner has also filed a complaint, a copy of which has been annexed. 5. The case diary has been received. 6. The learned Additional Public Prosecutor fairly submits that the injury recorded in the medical report has been lebelled is simple in nature. However, the learned counsel for the informant has submitted medical document along with photograph indicating laceration on the head and also indicating hospitalization. 7. Upon consideration of the matter, I allow the petition and it is directed that in the event of arrest of the accused-petitioner, he shall be released on bail in connection with Khatowal P.S. Case No. 27/2026 u/s 296(b)/109(1)/118(2) of BNS, 2023, on furnishing bail bond of Rs.40,000/- Page No.# 3/3 with one suitable surety of the like amount, to the satisfaction of the arresting authority and subject to the following conditions: (i) he shall cooperate with the investigation; (ii) he shall not commit any activity violating peace; and (iii) he shall not in any manner threaten or harass or harm upon the informant or his family members. 8. Violation or breach of condition(s) shall entail cancellation of the bail. 9. The anticipatory bail application stands allowed and disposed of. 10. Send back the case diary. JUDGE Comparing Assistant