Page No.# 1/3 GAHC010204372025 2026:GAU-AS:6099 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2236/2025 ABDUL KADIR AND 2 ORS. S/O LT. ABDUR RAHMAN RESIDENT OF VILL- DAKHIN DEBOSTHAN, P.S. MURAJHAR, DIST. HOJAI, ASSAM 2: ABDUL HAMID SON OF LT. AB DUR RAHMAN RESIDENT OF VILL- DAKHIN DEBOSTHAN P.S. MURAJHAR DIST. HOJAI ASSAM 3: ABDUL SUBUR S/O LT. ABDUR RAHMAN RESIDENT OF VILL- DAKHIN DEBOSTHAN P.S. MURAJHAR DIST.HOJAI ASSA VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,SAMIM RAHMAN,MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 05-05-2026 Heard Mr. S. Nawaz, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (i) Abdul Kadir; (ii) Abdul Hamid and (iii) Abdul Subur who are apprehending arrest in connection with Murajhar P.S. Case No. 119/2025 registered under Sections 329(3)/117(2)/126(2)/118(2) / 3(5) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Nawaz, learned counsel that interim protection was granted to the petitioners earlier on 11.09.2025 and since then, the matter is pending. However, after obtaining the order of interim pre-arrest bail, the petitioners appear before the I.O. and cooperated in the investigation of the case. 5. He further submitted that it is a fact that there was an altercation and quarrel took place between two groups for land dispute wherein one proceeding under Section 107 CrPC is still pending, which was instituted by the present petitioners. He further submitted that both the sides sustained some injuries and the present petitioner No.1 also lodged an FIR, which is also registered as Murajhar P.S. Case No. 120/2025. 6. However, the petitioners are still ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of pre-arrest bail. 7. Mr. Borthakur, learned APP submitted in this regard that on perusal of the case Page No.# 3/3 diaries of both Murajhar P.S. Case No. 119/2025 and Murajhar P.S. Case No. 120/2025, it reveals that there was land dispute and out of which the incident had happened. In the present case four injury reports, two injured sustained grievous injury and two sustained minor injuries. Similarly, in the cross-case also, one persons sustained minor injury out of the said incident. However, it is submitted by Mr. Borthakur, learned APP that the petitioners extended their cooperation in further investigation of the case. 8. Considering the submissions made by the learned counsel for the parties and also considering the materials available in the case diary and other aspects of the case, this Court is of the opinion that custodial interrogation of the petitioners may not be necessary for the purpose of investigation of the case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioners. 9. In view of this, the interim bail granted to the present petitioners vide order dated 11.09.2025 is hereby made absolute on the same terms and conditions. 10. With the above observation and direction, this pre-arrest bail application stands disposed of. 11. Return the case diary herewith. JUDGE Comparing Assistant