MD. RAFIKUL HAQUE @ MD. RAFIQUL HOQUE AND ANR v. THE STATE OF ASSAM
AB/1644/2025 · 2026-03-16
Mitali Thakuria
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 1923 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1923 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010150772025
2026:GAU-AS:3861
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1644/2025 MD. RAFIKUL HAQUE @ MD. RAFIQUL HOQUE AND ANR S/O- MD. ABDUR RAHMAN.
R/O- VILL.- BORGAON, P.S.- BAIHATA CHARIALI, DIST.- KAMRUP, ASSAM, PIN-781381.
2: MD. MINARUL HAQUE @ MD. MINARUL HOQUE S/O- MD. PAHAR ALI.
R/O- VILL.- TULAMATI P.S.- BAIHATA CHARIALI DIST.- KAMRUP ASSAM PIN-781381 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR D MEDHI, MR K THAKUR,MR. S SARKAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 17-03-2026
Page No.# 2/3
Heard Mr. D. Medhi, the learned counsel for the petitioners. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent.
2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioners, namely, [1] Md. Rafikul Haque @ Md. Rafiqul Hoque and [2] Md. Minarul Haque @ Md. Minarul Hoque in connection with Missamari police station, in the district of Sonitpur, Assam in non-bailable sections of BNS.
3. Case Diary received. Perused the same.
4. It is submitted by Mr. Medhi, the learned counsel for the petitioner that there was some dispute in regards to two vehicles which has already been returned back and payment has also been made accordingly. Further, he submitted that pursuant to order dated 13.08.2025, the petitioner appeared before the I/O and extended his cooperation in the investigation of this case. He is still ready and willing to extend his cooperation, if it is needed by the I/O.
5. Mr. Borthakur, the learned Addl. PP submitted in this regard that the petitioner accordingly appeared before the I/O and he has cooperated in the investigation of this case.
6. Considering the submission made by learned counsel for both sides, nature of allegation and the materials available in the Case Dairy, I find that custodial interrogation may not be required for the purpose of investigation.
7. In view of this, the order of interim pre-arrest bail dated 13.08.2025 is hereby made absolute with the same terms and conditions.
Page No.# 3/3
8. With the above observations, this anticipatory bail application stands
disposed of.
JUDGE Comparing Assistant