Page No.# 1/5 GAHC010094582026 2026:GAU-AS:8398 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1003/2026 MUSTAFIJUR RAHMAN @ MUSTAFIZUR HUSSAIN AND 6 ORS S/O. ABDUL JALIL, R/O. VILL.- TAKIKATA PATHAR, P/O. AND P/S. MOIRABARI, DIST. MORIGAON ,ASSAM, PIN-782126 2: MUSABBIR HUSSAIN S/O. ABDUL JALIL R/O. VILL.- TAKIKATA PATHAR P/O. AND P/S. MOIRABARI DIST. MORIGAON ASSAM PIN-782126 3: ABDUL KHALIL S/O. LT. JAHAMMAD ALI R/O. VILL.- TAKIKATA PATHAR P/O. AND P/S. MOIRABARI DIST. MORIGAON ASSAM PIN-782126 4: IZAZUL ISLAM @ IJAJUL HOQUE S/O. ABDUL KHALIL R/O. VILL.- TAKIKATA PATHAR P/O. AND P/S. MOIRABARI DIST. MORIGAON ASSAM PIN-782126 5: MIRAJ ALI S/O. ABDUL RASHID R/O. VILL.- TAKIKATA PATHAR P/O. AND P/S. MOIRABARI DIST. MORIGAON ASSAM Page No.# 2/5 PIN-782126 6: SAIFUL ISLAM S/O. ASMAT ALI R/O. VILL.- SAHARIA GAON P/O. AND P/S. MOIRABARI DIST. MORIGAON ASSAM PIN-782126 7: MAHDUJ HUSSAIN SHIRAJ @ RUBEL S/O. RAFIQUL HUSSAIN @ ABDUL RAFIQUE R/O. VILL.- TAKIKATA PATHAR P/O. AND P/S. MOIRABARI DIST. MORIGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR H A RASHID, MR A A DEWAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 12-06-2026 Heard Mr. A.A. Dewan, the learned counsel appearing for the accused- applicants. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 3/5 Sanhita, 2023, praying for grant of pre-arrest bail to the accused-applicants in connection with Moirabari Police Station Case No. 46/2026, corresponding to G.R. No. 422/2026, under Sections 190/191(2)/118(1)/329(4)/310(2)/74/109 of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 07.05.2026 by one Sahanaj Begum, the informant, alleging that the named persons in the FIR came to their house by trespassing into their premises on 06.05.2026 at 8:00 PM armed with several wooden batons etc. and thereafter, attacked the household members of the informant, whereby some of the family members of the informant got injured. 4. On receipt of the FIR, the police registered the Moirabari Police Station Case No. 46/2026 under the aforementioned sections. 5. Mr. A.A. Dewan, the learned counsel appearing for the accused-applicants submits that actually there is a pre-existing enmity between the informant’s family with the accused-applicants as one of the accused-applicants had bought certain land from the informant. However, the land was not handed over to one of the accused persons and in view of the aforesaid, the accused-applicants visited the house of the informant and certain quarrel took place, however, no injury was caused to any of the family members of the informant. He submits that the accused-applicants shall cooperate with the investigation and therefore, the custodial detention of the accused-applicants may not be required at this stage. 6. The Case Diary in the instant case has been produced and the same is Page No.# 4/5 perused. 7. Mr. R.J. Baruah, the learned Additional Public Prosecutor, on the other hand, submits that the family members of the informant received some injuries which are not of serious nature. However, he opposes the bail prayer of the accused-applicants at this stage as investigation is yet to be completed. 8. This Court after hearing the submissions made by the learned counsel for the respective parties and taking into account the whole aspects of the matter, is of the considered opinion that the accused-applicants should be granted pre- arrest arrest at this stage. Accordingly, it is directed that in the event of arrest of the accused-applicants, they shall be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with the suitable sureties of like nature subject to the satisfaction of the arresting authority with the conditions that :- (i) The accused-applicants shall appear before the Investigating Officer within a period of 10 (ten) days from passing of this order. (ii) The accused-applicants shall cooperate with the investigation and shall make themselves available as and when required by the Investigating Officer. (iii) The accused-applicants shall not try to tamper with the evidence and hamper the investigation. 9. In the above terms, the instant Anticipatory Bail Application is disposed of. Page No.# 5/5 10. Send back the Case Diary. JUDGE Comparing Assistant