Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 4784 (GAU)

HAIBUL AHMED AND 3 ORS. v. THE STATE OF ASSAM

AB/599/2026 · 2026-04-26

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010051712026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/599/2026 HAIBUL AHMED AND 3 ORS. S/O BABUL ALI R/O- VILLAGE- BARAMBOI, KETEKIBARI, P.S. HAJO, DIST. KAMRUP, ASSAM 2: HAZIBUL RAHMAN ALIAS NITU S/O BABUL ALI R/O- VILLAGE BARAMBOI KETEKIBARI P.S. HAJO DIST. KAMRUP. ASSAM 3: PAPEE AHMEDA S/O BABUL ALI R/O- VILLAGE- BARAMBOI KETEKIBARI P.S. HAJO DIST. KAMRUP ASSAM 4: RABIA AHMEDA S/O BABUL ALI R/O- VILLAGE- BARAMBOI KETEKIBARI P.S. HAJO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE P.P. ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. J C GOGOI, MS. K DAS,MR. S ALI,MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 27.04.2026 Heard Mr. B. Islam, learned counsel for the petitioners. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor appearing for the State of Assam. 2. Invoking section 482 BNSS, the (4) four petitioners herein who are stated to be family members are seeking anticipatory bail in connection with Hajo PS Case no. 68/2026, which is registered under Sections 305(a)/329(3)/329(4)/296/351(2)/3(5) of BNS, 2023 (corresponding to GR No.80/26). 3. The petitioner nos. 2, 3 and 4 are stated to be the elder brother, sister and mother respectively of the petitioner no. 1. 4. The case arose out of an FIR dated 12.02.2026 lodged by one Raja Iftikar Saikia. The gist of the allegations was that on 11.02.2026, the petitioner no. 1 stole a mobile phone from a shop named Mega Electronics, but subsequently returned the phone later on. It is further alleged that on subsequent occasions, he along with mother, sister and elder brother came to the shop and created an unruly and aggressive situation. The learned counsel submits that actually the petitioner no. 1 had given a mobile phone for repair but it got damaged in the shop. Thereafter, there was an altercation. But, that Page No.# 3/3 the version of the FIR is exaggerated. 5. The learned Additional PP submits that the charge-sheet in the case has already been submitted vide C.S. No. 081/2026 dated 31.03.2026. 6. Having regard to the fact that the investigation is over and also the nature of the allegations, it is not necessary that the petitioner be taken into custody at this stage. Accordingly, the prayer for pre-arrest bail is allowed. 7. The order of interim pre-arrest bail dated 19.03.2026 is hereby made absolute on the condition that the petitioners shall regularly appear before the learned Court below and co-operate in the trial if one commences and shall not try to influence the witnesses in any manner or hamper or temper with the evidences. 8. The Anticipatory Bail petition, is accordingly stands disposed of. JUDGE Comparing Assistant