Page No.# 1/3 GAHC010264692025 2026:GAU-AS:247 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2843/2025 SHIHAB UDDIN AND 2 ORS SON OF KUTIL, VILLAGE- KANKALSH, PS- BADARPUR, DIST.- SRIBHUMI, ASSAM 2: FAIZUL ISLAM @ LAL SON OF LATE AZIR UDDIN VILLAGE- KANKALSH PS- BADARPUR DIST.- SRIBHUMI ASSAM 3: KAMRUL ISLAM @ KALA SON OF LATE AZIR UDDIN VILLAGE- KANKALSH PS- BADARPUR DIST.- SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 07.01.2026 Heard Mr. H.R. Choudhury, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioners, namely, (i) Shihab Uddin (ii) Faizul Islam @ Lal (iii) Kamrul Islam @ Kala, have prayed for granting pre-arrest bail, apprehending arrest in connection with PRC Case No. 2059/2024 (GR No. 623/2024) arising out of Badarpur P.S. Case No. 89/2024 under Section 148/149/447/325/326/307 of IPC. 3. The FIR was lodged on 26.03.2024 at the Badarpur police station with allegation that a group of 60 people led by the FIR named accused persons attacked the informant and his relatives with weapon and causing injuries. The case was registered into Badarpur P.S. Case No. 89/2024 which after completion of investigation, charge sheet was submitted vide C.S. No. 118/24 under Sections 148/149/447/323/326/307 IPC. The case is stated to be at the stage of appearance. 4. It is submitted by the learned counsel for the petitioners that he is not much into the merit and the main contention is that the petitioners are willing to face the trial but considering the nature of penal section, they have apprehension that the learned court below may not able to grant them bail. 5. Scanned record has been received. 6. The learned Additional Public Prosecution submits that as far as Page No.# 3/3 merit is concerned, the investigation implicated the petitioners and therefore, charge sheet has been filed. 7. Nevertheless, to facilitate the progress of the proceeding before the learned court below, I am inclined to allow this petition. 8. Accordingly, in the event of arrest of the accused-petitioner, they shall be released on bail in connection with PRC Case No. 2059/2024 (GR No. 623/2024) arising out of Badarpur P.S. Case No. 89/2024 under Section 148/149/447/325/326/307 of IPC, on furnishing bail bond of Rs.30,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority. 9. The direction for bail is further subject to the condition(s) that the accused-petitioners: (a) that the petitioners shall be available for the trial, if one commences; (b) shall not hamper or tamper with evidence; and (c) That the petitioners shall not misuse their liberty to commit any offences or illegal activities. 10. Violation or breach of condition(s) shall entail cancellation of the bail. 11. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant