Page No.# 1/3 GAHC010116672026 2026:GAU-AS:8984 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1242/2026 SRI SUJIT SARKAR SON OF LATE SUDHIR SARKAR, RESIDENT OF VILLAGE P.O. - KHAIRABARI, DISTRICT-BARPETA, PIN781314, ASSAM VERSUS THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K P PATHAK, MR. C PAUL,MR BHARGAV DAS Advocate for the Respondent : PP, ASSAM, MS. P P DAS,MS P SARMA,MR. P P DUTTA Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 22.06.2026 Heard Mr. K. P. Pathak, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State as well as Mr. P. P. Dutta, learned counsel for the informant. 2. This is an application under Section 482 of BNSS, 2023 praying for the grant of pre-arrest bail to the petitioner, namely, Sri Sujit Sarkar in connection with Barpeta Road P.S. Case No. 60/2026 under Sections 296/126(2)/117(2)/118(2)/351(2)/3(5) of BNS, 2023. 3. An FIR was lodged on 05.06.2026 by one Anupam Bora alleging that at about 11.30 pm on 04.06.2026, while he was going to Gobardhana along with some friends, they found that Barpeta Road Khairabari main road was completely blocked by several dumper trucks; that when they tried to inquire about the aforesaid blockade, a group of people came rushing to them and one person holding a pistol struck him two to three times on his face with the butt of the pistol; it was alleged that the aforesaid assailant has been identified as Sujit Sarkar@ Tepa; that the other miscreants accompanying the aforesaid Sujit Sarkar assaulted the informant with iron rod and sharp weapons and due to that, he lost consciousness and he was taken to Barpeta Medical College for treatment. It is seen that another FIR dated 05.06.2026 was lodged by said Sujit Sarkar alleging that while he was sitting in his petrol pump, the accused persons, named in the FIR, came to his petrol pump and started assaulting him and that the assault was due to the fact that Rs.26 lacs which was given on loan to the accused No.3 was not returned to him and instead of returning the Page No.# 3/3 aforesaid loan amount, the accused persons including the accused No.2 that is the informant in the other FIR had assaulted the informant. 4. Case diary as called for has been received. 5. Pursuant to the interim protection granted by this Court by order dated 10.06.2026, the petitioner has appeared before the I.O. and the statement has been recorded. 6. Upon perusal of the medical documents in respect of the victim more particularly the NCCT Scan of the brain dated 06.06.2026, it appears that no grievous injury has been found on the head of the victim although the allegations is that the petitioner had hit the victim of his head with the butt of a pistol. Therefore, prima facie it appears that the main ingredient of Section 118(2) BNS is not attracted, and the rest of the sections are bailable. 7. Having regard to the above the prayer for pre-arrest bail is allowed. The order of interim bail dated 10.06.2026 is hereby made absolute, subject to the same conditions as are applicable as of today. 8. It is further provided that the petitioner shall not try to contact or intimidate the victim of the witnesses in any manner. 9. The petition stands disposed of accordingly. 10. Send back the case diary. JUDGE Comparing Assistant