Page No.# 1/4 GAHC010070692026 2026:GAU-AS:6452 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/777/2026 MIZANUTDDIN AHMED @ MIJANUDDIN AHMED S/O- LATE NIZAMATDDIN AHMED, VILL-BHELOWGURI, P.S- MERAPANI, DIST-GOLAGHAT, ASSAM, PIN- 785705. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. Advocate for the Petitioner : MR. J HATIMURIA, N M DEY,MR. M KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-05-2026 Heard Mr. M Kalita, the learned counsel for the petitioner. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused petitioner in connection with Merapani P.S. Case No. 05/2026 u/s 118(2)/109(1)/127(2)3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Kalita that the present accused/petitioner is innocent and except some land dispute, nothing had happened as alleged in the FIR. He further submitted that initially an allegation was made that the aunt of the informant sustained some injury along with the informant. But, on the later part of the FIR it has been brought that his elder sister also sustained injury without any mention as to how the elder sister also arrived in the place of occurrence. He further submitted that the informant side had damaged their tomato cultivation, which caused huge financial loss to the petitioner and in that regard they also lodged an FIR before the police station. But, considering it to be a less important matter, their FIR was not registered. Mr. Kalita however submitted that the present petitioner is ready and willing to extend his cooperation in the investigation of this case, if he is granted the privilege of pre-arrest bail. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that there are two Injury Reports available in the Case Diary wherein two victims sustained injuries on their person. However, the injuries are described to be minor injuries. He further submitted that the petitioner is implicated by the victim as well as the other witnesses who assaulted the victim in the place of occurrence. Mr. Sharma raised objection and submitted that it may not be a fit case to extend the privilege of pre-arrest bail to the petitioner at this stage. Page No.# 3/4 6. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and considering the materials available in the Case Diary, the nature of offence sustained by the injuries and also considering the fact that there was a land dispute between both the parties, this Court is of the opinion that custodial interrogation of the present petitioner may not be required for the interest of the investigation. In view of this, the petitioner is hereby grated the privilege of pre-arrest bail. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Mizanutddin Ahmed @ Mijanuddin Ahmed, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer within 7(seven) days; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer. 8. The anticipatory bail application stands disposed of. Page No.# 4/4 9. Send back the Case Diary. JUDGE Comparing Assistant