Page No.# 1/6 GAHC010071602026 2026:GAU-AS:6733 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/783/2026 BAHAZ UDDIN SK @ BAHAZ UDDIN S/O- LATE INTAZ ALI SK. 2: AFAZ UDDIN AHMED HAZARIKA S/O- LATE INTAZ ALI SK. 3: NURUL ISLAM SK. @ NURUL ISLAM S/O- LATE INTAZ ALI SK. 4: TAHAZUDDIN SK S/O- LATE INTAZ ALI SK. 5: AKIBUL ISLAM S/O- BAHAZ UDDIN SK. 6: RAKIBUL ISLAM S/O- BAHAZ UDDIN SK. 7: MIZANUR RAHMAN S/O- BAHAZ UDDIN SK. 8: GIGRAR ALI @ ZIAUR RAHMAN S/O- BAHAZ UDDIN SK. 9: MASUDUL AHMED HAZARIKA @ MD. MASOODUL HAZARIKA S/O- AFAZ UDDIN AHMED HAZARIKA. 10: IZAZ AHMED S/O- NURUL ISLAM SK. 11: FAROOQUE AHMED S/O- NURUL ISLAM SK. 12: SAFIA BIBI @ SUFIA KHATUN Page No.# 2/6 W/O- NURUL ISLAM SK. 13: BAZLUL BASID SK @ BAZLUR BASID S/O- TAHAZUUDIN SK. ALL ARE R/O- VILL.- 2 NO. POLASHGURI P.S.- GOSSAIGAON DIST.- KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N H BARBHUIYA, MS. S. CHANDA,MR. F A HASSAN,MS. J GHOSH,MS. U NANDA,MS. K L R YANTHAN,MR. S C BISWAS,MS. S. DEY,MS. N.A. LASKAR Advocate for the Respondent : PP, ASSAM, MR. T SK(INFORMANT) 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 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 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (1) Bahaz Uddin Sk @ Bahaz Uddin, (2) Afaz Uddin Ahmed Hazarika, (3) Nurul Islam Sk. @ Nurul Islam, (4) Tahazuddin Sk, (5) Akibul Islam, (6) Rakibul Islam, (7) Mizanur Rahman, (8) Gigrar Ali @ Zianur Rahman, (9) Masudul Ahmed Hazarika @ Md. Masoodul Page No.# 3/6 Hazarika, (10) Izaz Ahmed, (11) Farooque Ahmed, (12) Safia Bibi @ Sufia Khatun and (13) Bazlul Basid Sk @ Bazlul Basid, who are apprehending arrest 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 out of the present accused petitioners, the accused petitioners Nos.1 & 7, namely, Bahaz Uddin Sk @ Bahaz Uddin and Mizanur Rahman have already got arrested in connection with the case and they are behind the bar. It is further submitted by Mr. Biswas 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 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. However he submitted that the accused petitioners are still ready and willing to extend their cooperation for further investigation of the case, if they are provided with the privilege of pre-arrest 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 Page No.# 4/6 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 got 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. However, he fairly submitted that the implications are against the petitioner Nos.1—7, out of which the petitioner Nos.1 and 7 are already arrested. However, there is no specific mention about the other petitioners i.e. petitioner Nos.8—13 in the statement made by the witnesses, though they have uttered that the others were also engaged in assaulting the informant/victims. 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 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 pre-arrest bail. He further submitted that, as per the instruction of the informant, the petitioners are 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 Page No.# 5/6 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, this Court is of the opinion that the accused petitioner Nos.2—6 are not entitled for the privilege of pre-arrest bail at this stage. However, the petitioner Nos.8—13 may be granted with the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, petitioner Nos.8—13, i.e. (8) Gigrar Ali @ Zianur Rahman, (9) Masudul Ahmed Hazarika @ Md. Masoodul Hazarika, (10) Izaz Ahmed, (11) Farooque Ahmed, (12) Safia Bibi @ Sufia Khatun and (13) Bazlul Basid Sk @ Bazlul Basid, in connection with the Gossaigaon P.S. Case No. 57/2026, they will be enlarged on pre-arrest bail on executing a bond of Rs. 25,000/- (Rupees twenty five thousands) only, with one surety of like amount for each of them, to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioners will make themselves available for interrogation by the Investigating Officer within 7 (seven) days; (ii) that the petitioners will fully co-operate with the investigation of the case and will appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and Page No.# 6/6 (iii) that the petitioners will not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer. So far as regards the petitioner Nos.2—6, named above, their prayer for pre-arrest bail is rejected at this stage. This bail petition stands disposed of accordingly. JUDGE Comparing Assistant