Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010072112026
2026:GAU-AS:5153
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/762/2026 AMIR HAMZA S/O NOZMUL HOQUE, VILL. SONAMAI, P.O. AULATOI, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. A M KHAN, MS J YESMIN,MR S PRODHANI,MR Z RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 07-04-2026 Heard Mr. A.M Khan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P appearing for the State. The accused/petitioner, namely Amir Hamza is invoking section 482 of BNSS, 2023 praying for granting of anticipatory bail in connection with PRC Case
Page No.# 2/3 No. 426/2025 arising out of Lakhipur P.S Case No. 22/2025 u/s 126/132/118(2)/109/3(5) of BNS, 2023. The allegation in the FIR dated 10.02.2025 is that one Home Guard/victim was found lying injured and he stated when he was rescued he stated that Ajmal Haque, Amin Hamza and four five other persons had injured him by way of assault. The learned Court below issued an NBWA against the petitioner. The petitioner had preferred anticipatory bail before the learned Sessions Court which was disposed of with a direction to surrender but he has not done so and it is submitted on his behalf that considering the nature of the penal provisions involved and the limitations on granting of the bail on the part of the learned Committal Court, he has preferred this present petition. Drawing attention to relevant annexed documents he submitted that the petitioner is a TB patient and he is undergoing treatment and also been issued identity card. The other accused named in the FIR is stated to be on bail. The learned counsel has annexed copy of order dated 19.05.2025 passed by this Court in AB No. 979 of 2025 granting bail in similar circumstances. Upon considering the materials and the submissions, this bail petition is allowed and accordingly, it is directed that, in the event of his arrest, in connection with this case, he shall be released on furnishing a bail bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Addl.
Chief Judicial Magistrate, Goalpara, Assam subject to the conditions that he shall appear before the learned Court below on next date and when required; he shall be available for trial; he shall not hamper or tamper with evidence and he shall not in any manner try to influence witnesses or try to
Page No.# 3/3 harm or harass the informant/victim side. Violation or breach of any conditions shall entail cancellation of bail. The petitioner upon appearance may submit fresh bail bonds before the learned Trial Court whereupon necessary orders shall be passed. The anticipatory petition stands disposed of. JUDGE Comparing Assistant