NOOR MOHAMMAD BARBHUIYA @ NOOR AHMED BARBHUIYA AND 4 ORS v. THE STATE OF ASSAM
AB/938/2026 · 2026-06-14
Sanjeev Kumar Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8211 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8211 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010085542026
2026:GAU-AS:8522
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/938/2026 NOOR MOHAMMAD BARBHUIYA @ NOOR AHMED BARBHUIYA AND 4 ORS SON OF ALTAF HUSSAIN BARBHUIYA 2: ABJOL HUSSAIN LASKAR SON OF FFARIZ UDDIN LASKAR 3: ZAKIR HUSSAIN BARBHUIYA SON OF MAHMAD ALI BARBHUIYA 4: JAYNUL AHMED BARBHUIYA SON OF MAHMAD ALI BARBHUIYA 5: HASNA BEGUM BARBHUIYA WIFE OF LATE BADRUL ISLAM BARBHUIYA ALL R/O- VILLAGE NIZ FULBARI PART III P.O. FULBARI P.S. KATIGORAH DIST.- CACHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K MIRA, Advocate for the Respondent : PP, ASSAM, K G CHOWDHURY(INFORMANT),L P BORAH(INFORMANT),MR. J M A CHOUDHURY(INFORMANT)
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER 15.06.2026 Heard Mr. K. Mira, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State.
2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, (1) Noor Mohammad Barbhuiya @ Noor Ahmed Barbhuiya, (2) Abjol Hussain Laskar, (3) Zakir Husssain Barbhuiya, (4) Jaynal Ahmed Barbhuiya and (5) Hasna Begum Barbhuiya, seeking pre-arrest bail in connection with Katigorh P.S Case No.75/2025 registered under Sections 117(2)/118(2)/125/126(2)/190/191(3)/296/324(2)/326(g)/329(3) of BNS, 2023 corresponding to G.R. Case No. 1900/2025.
3. An earlier bail application on behalf of the present petitioners was rejected by order dated 22.01.2026 in AB No. 2776/2025.
4. CD as called for has been received along with injury report.
5. The allegations as contained in the FIR are that on 16.11.2025, the accused persons illegally entered into the land with dao, kural, lathi etc., with the intention to occupy the said land forcefully and took away ripe rice by cutting it and when the informant and her family members protested then the accused persons assaulted them with dao, lathi etc. for which the informant and her family members sustained grievous injuries and the accused persons also
Page No.# 3/3 threw stones to the house of the informant and set fire on a portion of the informant’s bamboo-made house. Hence the case.
6.
Learned counsel for the petitioners submitted that the dispute is of a civil nature and that some of the co-accused have been granted regular bail by the learned Court below.
7. On the other hand, learned Additional Public Prosecutor, with reference to the injury report and the statements of witnesses, submits that the informant side has sustained grievous injuries as can be seen from the medical report.
8. The learned counsel appearing for the informant has pointed out that the house of the informant was also set on fire by the petitioners.
9. On perusal of the instant bail application no new ground has been found to justify the departure from the earlier order of rejection.
10. Having regard to the above, the prayer for pre-arrest bail stands rejected.
11. Petition stands dismissed.
12. Send back the case diary.
JUDGE Comparing Assistant