Page No.# 1/5 GAHC010022992026 2026:GAU-AS:6136 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/298/2026 KISHMAT ALI AND 3 ORS S/O LATE AJGOR ALI 2: ABDUR RASHID S/O KISHMAT ALI 3: SOFIQUL ISLAM S/O KISHMAT ALI ALL ARE RESIDENT OF VILL- BONGHUGI P.O. BONGHUGI P.S. KALGACHIA DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A M KHAN, MR T T MONI Advocate for the Respondent : PP, ASSAM, MR. M H TALUKDAR BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 06.05.2026. Page No.# 2/5 Heard Mr. A.M. Khan, the learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent and Mr. M.H. Talukdar, learned counsel appearing for the respondent No.2 informant. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (1) Kishmat Ali, (2) Abdul Rashid, (3) Sofiqul Islam and (4) Ashraful Alom, who are apprehending arrest in connection with the Kalgachia P.S. Case No.20/2026, registered under Section 118(2)/3(5) of the BNS, 2023. 3. The case diary is received and perused the same. 4. Mr. Talukdar, the learned counsel for the respondent No.2 informant also filed an additional objection against the present bail petition, though initially another objection was filed by him. 5. It is submitted by Mr. Khan, the learned counsel for the petitioners that there was a family dispute regarding a plot of land between the parties and one Civil Suit is still pending before the Civil Forum between them. The incident occurred when the informant side had pressurized the petitioners to compromise the civil suit which is pending for disposal in Court and in that context, there was a quarrel and scuffle took place between the parties but no such incident had happened as alleged in the FIR. The petitioners side also lodged an FIR before the concerned police station but that has not been registered by the police and they were searched on the FIR filed by the other side. However, all the petitioners have already appeared before the I.O., after Page No.# 3/5 obtaining the order of interim pre-arrest bail, cooperated with the investigation of the case and they are still ready to cooperate with the investigation of this case and are still ready to extent their cooperation in the investigation of the case. 6. Mr. Borthakur, the learned Addl. P.P., Assam submitted in this regard that there are sufficient materials against all the accused petitioners who were alleged to commit the offence. However, after obtaining the interim pre-arrest bail, they have appeared before the I.O. and their statements have already been recorded. The learned Addl. P.P., Assam further submitted that from the injury report it is seen that the injuries sustained by the victim is simple in nature but one of the victim, namely, Sk. Ashadul Islam was advised for consultation with the surgeon as he received bite injury on his left ear. Mr. Borthakur further submitted that there are some witnesses who have also categorically stated that the accused petitioner No.3, namely, Sofiqul Islam had bite on the left ear of victim Sk. Ashadul Islam and one part of the ear was detached due to such biting. 7. Mr. Talukdar, the learned counsel for the respondent No.2 informant submitted that the petitioners had assaulted all the victims for the quarrel between the parties in connection with a land dispute. However, no such injuries were sustained by the informant side, for which the police not even registered the FIR, lodged by the petitioners. The learned counsel for the respondent No.2 also submitted that some of the photographs with injury on the ear of the victim, wherefrom it is also seen the victim Sk. Ashadul Islam sustained severe injury on his left ear and one part of the ear is also detached due to such biting. Mr. Talukdar, the learned counsel accordingly submitted that all the victims were Page No.# 4/5 brutally assaulted by the petitioners and accordingly raised vehement objection and submitted that custodial interrogation may be required to know the other facts of the case and submitted that the present petition for anticipatory bail may be rejected. The learned counsel further submitted that the Civil Suit which was filed by the informant side claiming right, title and interest and recovery of possession over the suit property and hence, the question of pressuring them to compromise the same does not arise at all. 8. I have considered the submissions made by learned counsel for both sides and other aspects of the case. 9. From the photographs annexed with the objection as well as the additional affidavit, it reveals that there are severe injury on the left ear of victim Sk. Ashadul Islam and one part of the ear was also detached which is also supported by the eye witnesses. However, it is the medical report which has stated the injury to be simple though one part of the ear is alleged to has been detached due to biting by accused petitioner No.3, namely, Sofiqul Islam. However, there are implications against the other accused petitioners also who were alleged to have been involved in the said offence. 10. Considering the entire facts and circumstances of the case and the materials in the case diary and also considering the objection filed by the informant, this Court is of the opinion that custodial interrogation of the accused petitioner No.3, namely, Sofiqul Islam may be required for the purpose of investigation of this case. Hence, the prayer for pre-arrest bail for the accused petitioner No.3, namely, Sofiqul Islam is rejected and the order of interim pre- arrest bail granted to him is hereby stands vacated. Page No.# 5/5 11. However, considering the materials in the case diary against the other three accused persons, namely, (1) Kishmat Ali, (2) Abdul Rashid and (4) Ashraful Alom, the order of interim pre-arrest bail, granted on 17.03.2026 is made absolute in the same terms and conditions. 12. The bail petition stands disposed of accordingly. JUDGE Comparing Assistant