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2026 DAILYLAW 16699 (GAU)

ANOWAR KHAN v. THE STATE OF ASSAM

Bail Appln./3374/2026 · 2026-10-14

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010234162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3374/2026 ANOWAR KHAN SON OF LATE BURHAN KHAN VILLAGE JADAVPUR POST OFFICE MANDIA POLICE STATION MANDIA DISTRICT BARPETA ASSAM PIN 781308 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MR SAIFUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.10.2026 Heard Mr. M U Mahmud, the learned counsel appearing for the petitioner. Also heard Ms. B. Bhuyan, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Anowar Khan has prayed for releasing him on bail after he was Page No.# 2/2 arrested in connection with Hatigaon P.S. Case No.174/2026 registered under Sections 132/121(1)/221/189/191/324 of the BNS, 2023. 3. On 19.08.2026, at about 8 P. M., Guwahati Municipal Corporation people were removing unauthorized street vendors at Sijubari, Khanka locality. The shopkeeper had a quarrel with the municipal employees. Some municipal employees were allegedly injured. The petitioner was arrested as one of the perpetrators of the said offence. The petitioner has already spent 19 days in judicial custody. 4. I have considered the submissions made by the learned counsels of both sides. 5. This Court is of the opinion that the period of detention undergone by the petitioner in custody should be taken as a ground for releasing him on bail. 6. Therefore, the bail application of the petitioner is allowed. 7. It is hereby directed that the petitioner, namely, Anowar Khan, who was arrested in connection with Hatigaon P.S. Case No.174/2026, shall be released on bail of ₹15,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. The bail application stands disposed of accordingly. JUDGE Comparing Assistant