Page No.# 1/4 GAHC010007742026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/152/2026 MADAN BHARALI AND 4 ORS. S/O LATE SURJYA BHARALI R/O VILL- KHAMAR, P.O. DHANGARGAON, P.S. PALASHBARI, DIST. KAMRUP (R), ASSAM, PIN-781128 2: SHRI GOLAP BHARALI S/OLATE SURJYA BHARALI R/O VILL- KHAMAR P.O. DHANGARGAON P.S. PALASHBARI DIST. KAMRUP (R) ASSAM PIN-781128 3: SHRI JITU BHARALI S/O SHRI DHIREN BHARALI R/O VILL- KHAMAR P.O. DHANGARGAON P.S. PALASHBARI DIST. KAMRUP (R) ASSAM PIN-781128 4: SHRI RATUL BHARALI S/O LATE RAM BHARALI R/O VILL- KHAMAR P.O. DHANGARGAON P.S. PALASHBARI DIST. KAMRUP (R) ASSAM PIN-781128 5: SHRI PRANAB SARANIA Page No.# 2/4 S/OLATE NAGESWAR SARANIA R/O VILL- KHAMAR P.O. DHANGARGAON P.S. PALASHBARI DIST. KAMRUP (R) ASSAM PIN-78112 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. N S THAKURIA, MR. G K THAKURIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.03.2026 Heard learned Counsel for the petitioner. Also heard Additional Public Prosecutor. This is an application for pre-arrest bail in respect of the present petitioner in respect of Palashbari PS Case No. 283/2025 under Section 118(2)/103(2) BNS Act. The allegations against the present petitioners as per the FIR is that the accused persons named therein including the present petitioners assaulted the family members of the informant side with iron rod and sharp weapons. As a result of which the members of the informant side sustained injuries and one of them namely Ranjan Das died in hospital. Page No.# 3/4 It is submitted on behalf of the petitioner that the injuries were sustained by both sides on account of a clash that took place between them over cultivation of paddy and in this regard, the accused side has also lodged the FIR on 12.11.2024, which was registered as Palashbari PS Case No.284/2025 under Section 74/118(2)/3(5) BNS. As per the allegations contained in the FIR , the accused persons in a pre planned manner forcibly harvested paddy from the complainant’s field and when the complainant’s family members attempted to stop them the accused persons physically assaulted the complaint’s brother in law Golap Bhorali using different weapons. As a result of which one finger of his left hand was chopped of and he sustained grievous injuries in various part of his body. The accused persons also assaulted the brother in law of the complainant namely Mukut Bhorali on his head causing serious injuries. The CD of present case has been received whereas the other case lodged by the accused side has already resulted in the charge sheet. The main accused of the present case Kandarpa Bhorali has already been released on default bail. On perusal of the CD, it appears that some of the present petitioners also helped the main accused. However, the perusal of the post mortem report indicates only one injury upon the deceased which is chop on the chest wall, wherefrom it appears that the other accused persons did not directly assault the deceased. It is submitted that some other accused person has also been released on bail and another accused namely Mukut Bhorali has already been released on bail by the learned Court below. The present case is only pending for receipt of report of viscera analysis from FSL and otherwise the investigation is complete. Page No.# 4/4 Having regard to the above, the prayer for pre arrest bail is allowed. It is directed that the petitioners in the event of their arrest shall be released on bail of Rs. 50,000/- each with a surety of like amount each to the satisfaction of the learned Court below/ Jurisdictional Magistrate in the event of their arrest in connection with Palashbari PS Case No.283/2025 under Section 118(2)/103(2) BNS. It is further provided that: i) The petitioners shall regularly appear at the trial. ii) The petitioners shall cooperate with the investigation and shall not try to influence or intimidate the witnesses or tamper with the evidence in the event that charge sheet is filed and trial commences. Petition stands allowed forcibly. Send back the CD. JUDGE Comparing Assistant