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2026 DAILYLAW 9031 (GAU)

SRI ASHOK MAHATO AND 3 ORS. v. THE STATE OF ASSAM

AB/1387/2026 · 2026-06-25

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/4 GAHC010121832026 2026:GAU-AS:9387 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1387/2026 SRI ASHOK MAHATO AND 3 ORS. S/O SHIVJEE MAHATO, R/O VILL NO. 1 , NIZ GARUAJHAR, PO AND PS PANERI, DIST UDALGURI, BTR, ASSAM, PIN 784523 2: SRI HARINDAR MAHATO S/O SHIVJEE MAHATO R/O VILL NO. 1 NIZ GARUAJHAR PO AND PS PANERI DIST UDALGURI BTR ASSAM PIN 784523 3: SRI MAHENDAR MAHATO S/O SHIVJEE MAHATO R/O VILL NO. 1 NIZ GARUAJHAR PO AND PS PANERI DIST UDALGURI BTR ASSAM PIN 784523 4: SMTI ALIJA MAHATO W/O SRI ASHOK MAHATO R/O VILL NO. 1 NIZ GARUAJHAR PO AND PS PANERI DIST UDALGURI BTR ASSAM PIN 78452 Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S CHAUHAN, M. BORUAH,MR. P MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26-06-2026 Heard learned counsel Mr. S. Chauhan for the petitioners, namely, 1. Sri Ashok Mahato, 2. Sri Harindar Mahato, 3. Sri Mahendar Mahato and 4. Smti. Alija Mahato, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Paneri P.S. Case No. 04/2026 under Sections 118(2)/351/109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel Ms. S.H. Bora for the State of Assam. 3. It is submitted on behalf of the petitioners that the petitioners are innocent. 4. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners, but the injuries sustained by five victims are simple injuries caused by sharp and blunt weapon. Page No.# 3/4 5. I have also scrutinized the Case Diary. Indeed, there are incriminating materials in the Case Diary against the petitioners. 6. It appears that anticipatory bail may be granted to the petitioners under certain conditions. 7. In the event of their arrests, the petitioners, 1. Sri Ashok Mahato, 2. Sri Harindar Mahato, 3. Sri Mahendar Mahato and 4. Smti. Alija Mahato, shall be enlarged on pre-arrest bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week, (ii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioners shall refrain from such activities with which they are alleged and, (iv) the petitioners shall not exercise threats to the witnesses. 8. On breach of any of the bail conditions, the pre-arrest bail granted to the petitioners shall automatically stand cancelled. 9. In terms of the above observation, this Anticipatory Bail application stands disposed of. Page No.# 4/4 10. Send back the Case Diary. JUDGE Comparing Assistant