Page No.# 1/3 GAHC010042612026 2026:GAU-AS:5163 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/485/2026 SAIDUL ALI KHA ALIAS SAIDUL ISLAM KHA SON OF JOHAR ALI KHA R/O VILL- GORAIMARI,P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM 2: ABUL HUSSAIN KHAN ALIAS ABUL HUSSAIN KHA SON OF JOHAR ALI KHA R/O VILL- GORAIMARI P.S. BONGAIGAON DIST. BONGAIGAON ASSAM 3: AHER ALI KHA ALIAS AKHER ALI KHA SON OF JOHAR ALI KHA R/O VILL- GORAIMARI P.S. BONGAIGAON DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 07.04.2026 Heard Mr. M.I. Hussain, learned counsel for the petitioners. Also heard Page No.# 2/3 Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioners, namely, Saidul Ali Kha @ Saidul Islam Kha (ii) Abul Hussain Khan @ Abul Hussain Kha (iii) Aher Ali Kha @ Akher Ali Kha, have prayed for granting pre- arrest bail, apprehending arrest in connection with Bongaigaon P.S. Case No. 10/2026 under Section 127(2)/121(2)/132/191(3)/351(2) of BNS, 2023. 3. The allegation in the FIR is that the police party had gone to arrest an accused Mohidul Ali Kha in connection with another case under the NDPS Act, and while doing so, they were attacked and assaulted by the FIR named persons, leading to injury. Five persons are named in the FIR. 4. It is submitted by the learned counsel for the petitioners that the said accused of the NDPS case is the brother of the petitioners and the police upon not finding him in the house, tried to arrest all the main members of the house. As a result of which, there was some altercation, but the allegations are exaggerated. 5. The case diary has been received. 6. It is submitted by the learned Additional Public Prosecutor that witnesses have been implicated the present petitioners. However, the medical report was called for, and one of the medical reports indicates no injuries, and another medical report does not mention anything about aspect to injuries. 7. While the alleged conduct of the petitioners has to be deprecated, Page No.# 3/3 but nevertheless, considering the nature of the injury report, and also progress of investigation, and the projected circumstances in which the incident is alleged to have taken place – it is directed that in the event of arrest of the accused-petitioners, they shall be released on bail in connection with Bongaigaon P.S. Case No. 10/2026 under Section 127(2)/121(2)/132/191(3)/351(2) of BNS, 2023, on furnishing bail bond of Rs.30,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority. 8. The direction for bail is further subject to the condition(s) that the accused-petitioners: (a) shall co-operate with the investigation and shall appear before the I/O for examination; (b) shall not hamper or tamper with evidence, and (c) shall not commit any illegal activities or offence. 9. Violation or breach of condition(s) shall entail cancellation of the bail. 10. The anticipatory bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant