Page No.# 1/3 GAHC010048672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./730/2026 MD BAHARUL ISLAM S/OLT. MONURUDDIN R/O RESERVE GAON, SONAPUR, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 31.03.2026 1. Heard Mr. B. Chowdhury, learned counsel appearing for the accused petitioner as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Md. Baharul Islam, praying for grant of bail in connection with Bihpuria P.S. Case No.244/2025 under Sections 109/112/118(1)/121(2)/126/127/191(2)/191(3)/296/324(4)/324(5 Page No.# 2/3 )/61(2)/3(5) of the BNS Act. 3. Mr. Chowdhury, learned counsel submitted that from the FIR itself it is seen that on the date of incident police visited the place of occurrence to arrest one Baharul Islam (petitioner) in connection with some case, but all the police officers were in civil dress and they also took private vehicle in place of a police vehicle. When they apprehended the accused Baharul Islam, he raised hue and cry and lots of nearby people came and gathered there as many people present there, who were watching the Cricket match in television. All the persons who gathered there had the impression that some persons may try to kidnap one person, namely Baharul Islam, who made hue and cry and with that intention some of the people gathered in the place of occurrence, when police arrested some of the accused persons. 4. It is thus revealed from the FIR that the police had gone to apprehend the present petitioner in connection with one Bihpuria PS case No. 79 of 2025 and while they were coming, the present petitioner raised hue and cry, whereupon other persons of the locality resisted and attacked the police person and caused assault. The petitioner was arrested on 28.02.2026. 5. It is submitted by the counsel for the petitioner that several co-accused who were arrested have been granted bail regular bail as well as anticipatory bail. Some of those orders have been annexed. 6. From the bare reading of the FIR, there is no specific allegation against the present petitioner about attacking the police though it is alleged that he started raising hue and cry and abused the police in bad language. The Prosecution opposing the bail submits that other criminal cases are also pending against him. 7. The learned counsel for the petitioner submits report of two bail orders of Page No.# 3/3 two other criminal cases with regard to the petitioner. 8. Considering the fact that - there are no allegations in the FIR against the petitioner about physically assaulting the police; secondly, the bail granted to co-accused; the length of detention and progress of investigation – I allow this bail petition subject to suitable conditions. 9. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner: (a) shall co-operate with the remaining investigation. (b) shall not hamper or tamper with evidence. (c) shall not misuse his liberty to involve in any illegal activity. 10. Accordingly, this bail application stands allowed and disposed of. 11. Return the case diary. JUDGE Comparing Assistant