MOJIBAR SK ALIAS MOZIBAR ALI AND ANR v. THE STATE OF ASSAM
AB/1000/2026 · 2026-06-14
Sanjeev Kumar Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8204 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8204 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010092582026
2026:GAU-AS:8523
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1000/2026 MOJIBAR SK ALIAS MOZIBAR ALI AND ANR S/O LATE TALEB ALI ALIAS ABU TALEB VILLAGE MAJERCHAR, RIVER BLOCK NO. 10 N.C, P.S DHUBRI, DIST DHUBRI, ASSAM 2: ANOWAR KHA ALIAS ANOWAR S/O BARU KHA ALIAS BARU SK VILLAGE MAJERCHAR RIVER BLOCK NO. 10 N.C P.S DHUBRI DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 15.06.2026 Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State. 2. This petition under Section 482 BNSS, 2023 is filed for granting the privilege of pre-arrest bail to the petitioners, namely, (1) Mojibar Sk @ Mozibar Ali, (2) Anower Kha @ Anowar apprehending arrest in connection with Dhubri P.S. Case No. 138/2026 under Section 331(4)/310(2)/296/351(3)/3(5) of the BNSS, 2023. 3. The gist of the FIR is that on 06/04/2026 one Morzina Khatun lodged an FIR before the Officer-in-Charge of Dhubri Police Station alleging inter alia that on 05/04/2026 at about 5:30 P.M the FIR named accused persons, taking advantage of the absence of anyone of male member in their house, forcefully entered into informant's house and by keeping sharp weapons on the neck of Basiran Khatun, 28 years, Sukjan Bibi, 29 years and Moromi Khatun, 30 years threatened to kill them. The FIR named accused persons kept sharp weapon on the neck of her minor nephew Alamin Sk, 8 years and snatched away Golden ear rings (3 pairs), looted cash amount of Rs. 56,000/-, 5 numbers of Goats and 20 numbers of Cattle/cow (male/female) and then vandalized their household goods. The accused persons threatened to kill her family members and also said that the FIR named accused persons will kill informant's family at any place, whenever they meet them. After having received the same, the Officer-In-Charge of Dhubri Police Station registered a case as Dhubri Police Station Case No. 138/2026, Under Section 331 (4)/310(2)/296/351(3)/3(5) of BNS. 4.
The learned counsel for the petitioners submits that the present FIR is a
Page No.# 3/3 counter-blast to the FIR lodged by the petitioner on the previous date against the informant’s side in the present case, which has been annexed to the present bail application as Annexure-2. 5. Having regard to the fact that the present FIR has been lodged after the FIR lodged by the present petitioners. I am of the view that a case for grant of pre-arrest bail has been made out. Accordingly, the prayer for pre-arrest bail is allowed. 6. It is directed that in the event of their arrest, the petitioners named above, shall be released on pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs. 20,000/- with a surety of like amount each to the satisfaction of the arresting authority, subject to the following conditions:- (i) The petitioners shall appear before the I.O. within a period of 10(ten) days from today for the purpose of recording of their statements. (ii) The petitioners shall not try to influence or intimidate the informant or any other witnesses. 7. This petition stands disposed of. JUDGE
Comparing Assistant