Page No.# 1/4 GAHC010071602026 2026:GAU-AS:6733 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1087/2026 1. MD BAHAZ UDDIN SK ALIAS BAHAZ UDDIN SK S/OLATE INTAZ ALI SK R/O- NO. 2 POLASHGURI P.O. SAPKATA P.S. - GOSSAIGAON DIST.- KOKRAJHAR ASSAM PIN-783360 2: MD MIZANUR RAHMAN ALIAS MIZANUR RAHMAN S/O- MD. BAHAZUDDIN SK R/O NO. 2 POLASHGURI P.O. - SAPKATA P.S. - GOSSAIGAON DIST.- KOKRAJHAR ASSAM PIN-783360. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 15.05.2026. Heard Mr. S.C. Biswas, learned counsel for the accused petitioners. Also heard Mr. B. Sarma, the learned Addl. P.P., Assam appearing on behalf of the State respondent and Mr. T. Sk, learned counsel appearing on behalf of the informant/ respondent No.2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Bahaz Uddin Sk @ Bahaz Uddin and Mizanur Rahman, who have been arrested on 19.04.2026, in connection with the Gossaigaon P.S. Case No. 57/2026, registered under Section 191(2)/191(3)/115(2)/117(2)/ 118(2)/109(1) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. Biswas, the learned counsel that the present accused petitioners are in the custody for last 27 days and they are innocent and they have not committed any such offence as alleged in the FIR. The learned counsel for the accused petitioners submitted that there was a land dispute between the parties and for which a quarrel and tussle took place between them. However, the informant side was the aggressor when they entered into the land of the petitioners when they were cultivating the same. Some civil suits are also pending between the parties. Mr. Biswas further submitted that both the parties sustained injuries and the petitioners side has also lodged a cross FIR for the Page No.# 3/4 same incident but the police is not taking any step in the case lodged by him, rather they are searching for the petitioners to be apprehended in connection with this case. Mr. Biswas, the learned counsel for the petitioners also produced some photographs of the victims to show some of them sustained grievous injuries on their person. Mr. Biswas, the learned counsel further submitted considering their length of detention, they may be released on bail, as the petitioners are the permanent residents of the addressed locality and they are ready and willing to appear before the I.O. as and when required and will cooperate with the investigation of the case, if they are provided with the privilege of bail. Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that there are sufficient incriminating materials against the accused petitioners who were involved in the alleged offence. There are several victims who sustained fracture injuries as well as head injuries due to the attack by the accused petitioners. It is already specified in the forwarding report of the accused petitioners, who were already arrested in connection with this case. He further submitted that from the record as well as from the report of the I.O. also, it is seen that the present petitioners are the aggressors who have assaulted the victims causing grievous injuries on several persons. He further submitted that as per the note of the I.O., there may be law and order situation even, as the petitioners are still threatening the informant to kill him. Accordingly, he submitted that it may not be a fit case to extend the privilege of pre-arrest bail to the present petitioners at this stage, as the case is still under investigation. Mr. T. Sk, the learned counsel for the informant submitted in this regard that the informant is the only person to look after all the injured victims as they are still Page No.# 4/4 in a bed ridden condition, who sustained fracture injuries as well as head injury on their person and there is every probability of committing similar kind of offence if they are granted with the privilege of bail. He further submitted that, as per the instruction of the informant, the petitioners’ side is still threatening the informant side with dire consequences, if they get the order of bail. Hearing the submissions made by learned counsel for both sides, I have also perused the case diary and the annexure filed with the present petition. Considering the materials in the case diary, it is seen that several victims sustained grievous injuries on their person with fracture injures as well as head injuries. From the statement made by the witnesses as well as the victims, it is seen that there was also attempt to kill some of the victims. So considering the materials available in the case diary, I do not find it to be justified to allow the present accused petitioners to go on bail at this stage and accordingly, their bail prayer stands rejected. This bail petition stands disposed of accordingly. JUDGE Comparing Assistant