Page No.# 1/4 GAHC010002032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/92/2026 SRI SAGAR MALO S/O- RANJIT MALO, R/O- WARD NO.11, BAHADURTARY, DHUBRI, ASSAM, PIN-783301. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR ASSAM. Advocate for the Petitioner : MR. M J BARUAH, MR. A. ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.02.2026 Heard Mr. M.J. Baruah, learned counsel for the petitioner. Also heard Mr. P.S. Laskar, learned Additional PP for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for Page No.# 2/4 granting the privilege of pre-arrest bail in connection with Dhubri PS Case No. 439/2025 u/s 126(2)/132/121(2)/296/324(4)/3(5)/309(4) of BNS. 3. On bare perusal of the FIR, it appears that on 22.11.2025, the ejahar was lodged by SI Kapildev Nath of Dhubri P.S. alleging that on that day, at about 11:30 PM, he along with his staff ABSI Sanjay Chetry, Cn Baishayaram Kaptak, Cn Abiraj Borah, Cn Dhanjit Barhma, CN Pormeswar Bhuyan and Cn Rupanta Dihingia were conducting area domination duty. During area domination duty, some persons approx. 4/5 were drinking alcohol and causing nuisance on the road at ward No. 11, Bahadurtary, thereby disturbing public peace. When they instructed them to leave the place, the persons, namely, Suraj Choudhury, Sagar Mallu and others started a heated argument, engaged in physical altercation and obstructed their lawful duty. They ganged up and physically assaulted the police personnel and also abused them using unparliamentary word, thereby causing injuries to the police party and attempted to deter them from discharging their lawful duties and damaged their government-issued vehicle. Cn Abhiraj Borah and Cn Baishayaram kaptak sustained grievous injury and a wristwatch belonging to Cn Baishayaram Kaptak was forcibly snatched away by them, and they also attempted to snatch their arms. Accordingly, this case was registered. 4. It is submitted on behalf of the petitioner that it is not at all believable that the petitioner who is a common person would attack the armed police personnel. 5. It is further submitted that there is no specific allegation against the Page No.# 3/4 present petitioner of having assaulted the police personnel trying to snatch the rifle of the commando party or damaging their vehicle. 6. It is further submitted that the incident is of 22.11.2025 and due to the lodging of the FIR the petitioner has been suffering for the last three months. 7. Learned Additional Public Prosecutor has placed the Case Diary before the Court and from the statement of the witnesses, there appears to be incriminating material against the petitioner, namely, Sri Sagar Malo, relating into altercation with the police personnel in a drunken state. 8. The co-accused were granted pre-arrest bail by the learned Session Judge, Dhubri by order dated 17.12.2025. Although the allegation pertains to assaulting police personnel, the medical report indicates only simple injuries like abrasion etc. 9. Having regard to the entirety of the facts and circumstances of the case, it appears that the custodial interrogation of the petitioner may not be necessary. 10. Accordingly, the prayer for pre-arrest bail is allowed. 11. The petitioner namely, Sri Sagar Malo shall be released on bail with a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the arresting authority in connection with the aforesaid case. 12. It is further provided that the petitioner shall co-operate with the Page No.# 4/4 investigation. 13. Send back the Case Diary. JUDGE Comparing Assistant