Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 6367 (GAU)

BINOY NATH AND ANR v. THE STATE OF ASSAM

Bail Appln./1187/2026 · 2026-05-19

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010085202026 2026:GAU-AS:6936 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1187/2026 BINOY NATH AND ANR S/O- RABINDRA NATH. R/O- VILL-RAMCHAJHAR, PO AND PS- GORESWAR, DIST- BAKSA, ASSAM, PIN- 781366 2: DULAL DAS S/O- MUNU DAS. VILL.- 2 NO ROMARI PO AND PS -GORESWAR DIST- TAMULPUR ASSAM PIN- 78136 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M SARANIA, N GOGOI,MR A SARANIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 20.05.2026 Heard Mr. M. Sarania, the learned counsel appearing for the petitioners. Also heard Mr. Bidyut Sarma, the Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioners, namely- (1) Binoy Nath and (2) Dulal Das have prayed for releasing them on regular bail after their arrest in Goreswar P.S. Case No.20/2026, under Sections 189(2)/ 331(3)/ 324(2)/ 326(g)/ 325/296/351(2) of the BNS, 2023. 3. On 12.04.2026 Ajiron Nessa had lodged an FIR before police alleging that the present petitioner Dulal Das had destroyed her house by fire. It is further stated that, in that fire, cows, ducks chicken and other articles of the house were completely destroyed. 4. Mr. Sarania has pointed out that this ejaher is related to another ejaher dated 12.04.2026. This ejaher was lodged by the President of Rajohuwa Puja Committee against Chand Mahammad Ali and Azim Ali. It is alleged in the said FIR that on 11.04.2026, four boys of the said puja committee while they were returning from puja, were assaulted by the said accused persons. The accused persons also tore apart the saffron clothing of the boys and also snatched away their rudraksha garlands. 5. I have considered the submissions made by the learned counsels of both sides. Page No.# 3/3 6. On plain reading of the both the FIR, it is clear that two different stories were alleged therein. I don’t see any connection between the two FIR. 7. The Case Diary reveals sufficient incriminating materials against the present petitioners. The Investigating Officer has found that the present two petitioners namely, Dulal Das and Binoy Nath had taken part in the said occurrence of burning down of the house of the informant. Under the given circumstances both the petitioners do not deserve to be released on bail. The bail application is dismissed and disposed of accordingly. Case Diary shall be returned. JUDGE Comparing Assistant