Page No.# 1/3 GAHC010030402026 2026:GAU-AS:3678 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/353/2026 MD AKHTAR HUSSAIN S/O MD. ANWAR HUSSAIN R/O VIP ROAD, HIJUGURI, KAPTANCHUK GAON, TINSUKIA, P.S. TINSUKIA, DIST. TINSUKIA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 13.03.2026. Heard Mr. N. Hasan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing on behalf of the State respondent. Page No.# 2/3 This application has been filed under Section 482 of the BNSS, 2023, praying for granting pre-arrest bail to the accused/petitioner, namely, Md. Akhtar Hussain, in connection with Tinsukia P.S. Case No. 422/2025, under Sections 324(4)/ 324(5)/126(2)/127(2)/197(2)/189(4)/351(3)/3(5) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. Hasan, the learned counsel that the present accused petitioner is innocent and is not involved with the incident as alleged against him in the FIR. Furthermore, in the FIR there is no mention of any person by name who committed the said offence. Further, he submitted that the case has been registered under various Sections of BNS including Section 197(2). But from the statement made in the FIR and other materials, it is seen that no case is established under Section 197(2) of the BNS, which is the only non-bailable Section under which the case is registered. The learned counsel further submitted that the petitioner has already appeared before the I.O., after obtaining the order of interim pre-arrest bail and extended his cooperation. The petitioner is still ready and willing to cooperate with the I.O. in further investigation of this case. Mr. Borthakur, learned Addl. P.P., Assam submitted in this regard that there are sufficient materials against the present petitioner along with some others, wherein it is alleged that they have committed such offence, even in the presence of the police personnel. From the note of the I.O., it is also seen that the present accused petitioner is the main culprit, who also provoked and instigated the sentiment of the other villagers and thus, trying to spread communal tension in the locality. He further submitted that the case is still Page No.# 3/3 under investigation and some more facts are yet to be unearth by police. Hearing the submissions made by learned counsel for both sides, I have also perused the case diary and other relevant annexure filed along with the petition. It is seen that the accused petitioner appeared before the I.O., after obtaining the order of interim pre-arrest bail and extended his cooperation with the investigation and accordingly, I find that custodial interrogation may not be required for the purpose of investigation. However, his presence may be required before the I.O., during the investigation. In view of this, the order of inter pre-arrest bail granted to the accused petitioner on 19.02.2026, is hereby made absolute in the same terms and conditions, with further direction to the petitioner to appear before the I.O., within ten (10) days from the date of order and to extend his cooperation in further investigation of this case. With the above observation, the present bail petition stands disposed of. JUDGE Comparing Assistant