Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010118222026
2026:GAU-AS:9255
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1264/2026 MOFIZUR RAHMAN AND 9 ORS.
S/O SAMAD ALI 2: ASHRAFUL MOLLAH S/O SAMAD ALI 3: SAIFUL MOLLAH S/O SAMAD ALI 4: MIZANUR HOQUE S/O NURUL ISLAM 5: APTAR ALI S/O AKRAM ALI 6: ALAMIN MOLLAH S/O- ADOM ALI MOLLAH 7: MD SHAHINUR MOLLAH S/O- RAMJAN ALI MOLLAH 8: JOYNAL HOQUE S/O- MESER ALI 9: ZAKIR HUSSAIN R/O- SHORHAB ALI SHEIKH 10: SAIDUL ISLAM S/O-AMJAT ALI ALL ARE R/O- RANGAPANI P.O- BORKONA P.S- MANKACHAR DIST SOUTH SALAMARA MANKACHAR ASSA VERSUS
Page No.# 2/4 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED, MR. S H ZAMAN,U U KHAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 25.06.2026
1. Heard learned Counsel Mr.A. Ahmed for the petitioners and learned Addl.Public Prosecutor Mr.K.K. Parashar for the State respondent.
2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Mofizur Rahman, 2. Ashraful Mollah, 3. Saiful Mollah, 4. Mizanur Hoque, 5. Aptar Ali, 6. Alamin Mollah, 7. Md Shahinur Mollah, 8. Joynal Hoque and 9. Zakir Hussain seeking pre-arrest bail apprehending arrest in connection with Mankachar PS Case No.85/2026 under Sections 191(3)/109(1)/115(2)/304(2)/117(2) of BNS,
2023.
3. I have considered the submissions at the Bar with circumspection.
4. It is submitted on behalf of the petitioners that there are no direct allegation against the petitioners. The prime accused has already been arrested.
5. Learned Addl.Public Prosecutor has submitted that the injuries sustained by the victim are described to be simple in nature.
6. I have also scrutinized the Case Dairy.
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7. The allegation is that the petitioners and the accused No.1 assaulted the informant and his brother. It appears that anticipatory bail may be granted to the petitioners. The petitioners are local residents and they are not flight risks. Investigation has also progressed to a considerable extent. Custodial interrogation may not be required.
8. Considering all aspects, prayer for pre-arrest bail is allowed.
9. The petitioners named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions:
(i) The petitioners shall appear before the 1.0. within one week and shall co-operate with the investigation, (ii) The petitioners shall refrain from such activities of which they are alleged, (iii) The petitioners shall not exercise any threats to the witnesses or try to influence them.
10. On breach of any of the above conditions, pre-arrest bail granted to the petitioners shall automatically stand cancelled.
11. In terms of the above observations, the pre-arrest bail application stands
disposed of.
12. Send back the Case Diary.
JUDGE
Page No.# 4/4 Comparing Assistant