Page No.# 1/4 GAHC010057382026 2026:GAU-AS:4070 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./834/2026 SRI BUDHAN CANDRA NATH AND 10 ORS S/O LATE KAMALA KANTA NATH 2: SRI BISWAJIT NATH SON OF KAMALA KANTA NATH 3: SRI JITEN NATH SON OF LATE KETU RAM NATH 4: SRI BIMAL NATH SON OF HIREN NATH 5: SRI SANJIT NATH @ SANJIB NATH SON OF LATE TUKA RAM NATH 6: SRI ATUL NATH SON OF LATE AGHON NATH 7: SRI NABA KUMAR NATH SON OF LATE BRINDABAN NATH 8: SRI BIPUL NATH SON OF BHASKAR NATH 9: SRI RANJIT NATH SON OF LATE TUKA RAM NATH 10: SRI TARINI KANTA NATH SON OF LATE PENDALU NATH 11: SRI PRADIP NATH SON OF LATE PACHIN NATH ALL ARE RESIDENT OF VILL- TILAPARA (NATHPARA BHOTGAON) Page No.# 2/4 P.O. AND P.S. KOKRAJHAR DIST. KOKRAJHAR BTR ASSAM. PIN-78337 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S BORA, MR A.THAKURIA,MR. D P MANDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 20-03-2026 Heard Mr. S. Bora, the learned counsel for the petitioners. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for bail of the accused/petitioners who were arrested in connection with this case on 31.01.2026 and since then they are languishing in the jail in connection with Kokrajhar P.S. Case No. 19/2026 u/s 103(2)/189(2) of BNS. 3. It is submitted by Mr. Bora that the present accused/petitioners are innocent and has not committed any such offence as alleged in the FIR. However, it is a fact that a quarrel took place between two group wherein some Page No.# 3/4 persons had assaulted the victim and out of that FIR has been lodged. But, the petitioners have no role in committing such offence. More so, one of the accused/person, namely, Prakash Ch. Nath had already been granted bail by this Court vide order dated 18.03.2026 in Bail Appln. 633/2026 on 46th day of his custody. Considering the case of the present petitioners under the same footing, the prayer for the petitioners may also be considered. However, they are still ready and willing to extend their cooperation in further investigation of this case. All the accused/petitioners are behind the bars since last 49 days and considering their length of detention, they may be released on bail. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that their earlier bail application was considered only on perusal of the Case Diary. But, without perusal of the Case Diary the involvement of the present petitioners cannot be stated at this stage. More so, out of the assault by the accused/petitioners one person died and for which Section 103 BNS has already been added. 5. Hearing the submissions made by learned counsel for both sides, without going further detail of the merit of the case and considering the length of detention of 49 days and also considering the ground of parity for the present petitioners, the prayer for bail is hereby allowed. 6. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 50,000/- (Rupees Fifty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kokrajhar. The accused/petitioners, namely [1] Sri Budhan Chandra Nath [2] Sri Biswajit Nath [3] Sri Jiten Nath [4] Sri Bimal Nath [5] Sri Sanjit Nath [6] Sri Atul Nath [7] Sri Naba Kumar Nath [8] Sri Bipul Nath [9] Sri Ranjit Nath [10] Sri Tarini Kanta Page No.# 4/4 Nath and [11] Sri Pradip Nath, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned CJM, Kokrajhar without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant