Page No.# 1/3 GAHC010001782026 2026:GAU-AS:1707 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/64/2026 RAFIQUE ALI AND 2 ORS. SON OF LATE UMOR ALI VILL- PASTIBARI (TUM BAGAN) P.S. KAZIGAON DIST. KOKRAJHAR, ASSAM 2: ROSHID ALI SON OF LATE UMOR ALI VILL- PASTIBARI (TUM BAGAN) P.S. KAZIGAON DIST. KOKRAJHAR ASSAM 3: AHER ALI SON OF LATE UMOR ALI VILL- PASTIBARI (TUM BAGAN) P.S. KAZIGAON DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR. A B SIDDIQUE, MS P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Page No.# 2/3 09.02.2026 Heard Mr. I. Hussain, the learned counsel for the petitioner and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (i) Rafique Ali (ii) Roshid Ali (iii) Aher Ali have prayed for granting pre-arrest bail, apprehending arrest in connection with Kazigaon P.S. Case No. 43/2025 under Section 329(3)/118(2)/74/3(5) of BNS, 2023. 3. The case arose out of an ejahar dated 15.06.2025 lodged by the informant Jorina Bibi with allegation against the accused who are stated to be her husband’s brother and nephew. It is alleged that there was a quarrel between the parties with regard to the land dispute and that on 14.06.2025 at around 9 p.m., the accused persons equipped with sharp weapon etc. trespassed into her house and assaulted her husband, brother-in-law and also outraged the modesty of her sister-in-law. It is alleged in the instant case the victims sustained grievous injury and were sent to Dhubri Medical College Hospital. 4. This is subsequent application, as earlier bail petitions were rejected by this Court on 08.09.2025 in AB No. 1760/2025and on 12.12.2025 and in AB No. 2559/2025. It is submitted by the learned counsel for the petitioner that at this stage perhaps the petitioner can appear before the learned court below and seek regular bail. 5. Case diary is received. Page No.# 3/3 6. Mr. R. R. Kaushik, learned Addl. P.P. submits that case diary has been received but there are no new grounds to take a different view in this petition. 8. In the aforesaid facts and circumstances, I dispose of this subsequent pre-arrest bail petition with the observation that the petitioner is at liberty to appear before the learned court below and seek regular bail and the learned court below shall pass necessary order regarding the same. 9. Accordingly, this instant bail application disposed of on the aforesaid terms. 10. Send back the case diary. JUDGE Comparing Assistant