Page No.# 1/4 GAHC010056332026 2026:GAU-AS:8200 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/612/2026 ASHIKUL MOMIN KHANDAKAR AND 4 ORS. SON OF- LATE NURAL ISLAM KHANDAKAR ALIAS NURUL ISLAM KHANDAKAR. 2: JAIDUL ISLAM KHANDAKAR ALIAS JAHIDUL ISLAM KHANDAKAR SON OF- LATE NURAL ISLAM KHANDAKAR ALIAS NURUL ISLAM KHANDAKAR. 3: ASHIDUL ISLAM KHANDAKAR ALIAS AHADUR RAHMAN KHANDAKAR SON OF- LATE NURAL ISLAM KHANDAKAR ALIAS NURUL ISLAM KHANDAKAR. 4: ROFIQUL ISLAM KHANDAKAR SON OF- LATE NURAL ISLAM KHANDAKAR ALIAS NURUL ISLAM KHANDAKAR. 5: RASHIDUL ISLAM KHANDAKAR SON OF- LATE NURA ISLAM KHANDAKAR ALIAS NURUL ISLAM KHANDAKAR ALL ARE RESIDENT OF VILL. AND P.O.- TUMNI P.S.- SOUTH SALMARA DISTRICT- SOUTH SALMARA MANKACHAR ASSAM. PIN78312 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 10.06.2026. Heard Mr. L.R. Mazumder, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, Ashikul Momin Khandakar, Jaidul Islam Khandakar @ Jahidul Islam Khandakar, Ashidul Islam Khandakar @ Ahadur Rahman Khandakar, Rofiqul Islam Khandakar and Rashidul Islam Khandakar who are apprehending arrest in connection with the South Salmara P.S. Case No. 22/2026, registered under Sections 318(2)/316(2)/340(2)/3(5) of the BNS, 2023 read with Section 103/104 of the Trade Marks Act, 1999 and Section 63 of the Copy Right Act, 1957. The case diary is received and perused the same. It is submitted by Mr. Mazumder, the learned counsel for the petitioners that the present accused petitioners are innocent and after obtaining the order of interim pre-arrest bail, they already appeared before the I.O. and cooperated with the investigation of this case. The dispute is basically using of the Trade Mark and on the basis of which they have already instituted a commercial suit, which is Page No.# 3/4 pending for disposal. After institution of their suit, the informant side had instituted another civil suit but subsequently, it was withdrawn due to some technical reason and again lodged another civil suit. However, the said civil suit was also stayed by the Court as barred under Section 10 of the CPC. After the stay of the suit, filed by them, only in the year 2026 the FIR of the present case has been lodged against them with some false and concocted allegations. However, the petitioners are still ready and willing to extend their cooperation, if needed for further investigation of the case, if they are granted with the privilege of pre-arrest bail. Apart from that the accused petitioner No.1 is associated with the biri factory but the other accused petitioners are not at all involved in the alleged offence. Mr. Borthakur, the learned Addl. P.P., Assam submitted in this regard that from the materials available in the case diary it is seen that it was the allegation against the present petitioners that they used to purchase biri in wholesale rate and then they used to sale the same through retail shop only for their benefit by using the trade mark of Momin Biri. Further, he submitted that as per the statement made by the present petitioners, they were earlier associated with the said biri factory but at present they are not in connection with the said biri factory. However, the petitioners have already appeared before the I.O. and cooperated in the investigation after obtaining the order of interim pre-arrest bail and their statements were recorded accordingly. Considering the submissions made by learned counsel for both sides and also considering the nature of allegation and the pendency of the civil suit between the parties as well as the conduct of the accused petitioners, this Court is of the opinion that custodial interrogation of the accused petitioners may not be Page No.# 4/4 required for the purpose of investigation. In view of this, the order of inter pre-arrest bail granted to the accused petitioners on 19.03.2026, is hereby made absolute with same terms and conditions. With the above observation, the present bail petition stands disposed of. JUDGE Comparing Assistant