[Cites 7, Cited by 0]
Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 7 February, 2026
Page No.# 1/4
GAHC010000582026
2026:GAU-AS:1639
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/58/2026
SAKIR HUSSAIN AND 3 ORS.
S/OLATE MINAL HOQUE
R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA, P.S.
MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131
2: SAIDUL ISLAM
S/O LATE MINAL HOQUE
R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA
P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783131
3: REZAUL ISLAM @ RIJABUL
S/O LATE AYNAL HOQUE
R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA
P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783131
4: LAL BABU @ NAL BABU
S/O LATE ABDUL HASHEM
R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA
P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-78313
VERSUS
THE STATE OF ASSAM
REP BY THE LEARNED PP, ASSAM
Page No.# 2/4
Advocate for the Petitioner : MR. M ISLAM,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
07.02.2026
1. Heard Mr. M. Islam, learned counsel for the petitioners.
Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the
State.
2. This is an application under Section 482 of BNSS, 2023 has
been filed by the petitioners, namely, Sakir Hussain, Saidul
Islam, Rezaul Islam @ Rijabul and Lal Babu @ Nal Babu,
seeking pre-arrest bail in connection with PRC Case No. 342/2024
registered under Sections 147/148/149/326/307/354 of
IPC, arising out of Mankachar P.S Case No.407/2013.
3. The charge-sheet has already been submitted showing the
present petitioners as absconders. Subsequently, NBWA has been
issued against the petitioners.
4. It is submitted that since the case is sessions triable, the
petitioners apprehend that upon their appearance, they will be
Page No.# 3/4
remanded to custody.
5. As far as the facts of the case are concerned, it is alleged
that in the course of an altercation, the petitioners assaulted the
informant's side with sharp weapons causing serious injuries.
6. Discharge certificate available in the TCR in respect of one
injured person which indicates that he sustained a head injury and
was hospitalized for three days after which he was discharged but
there is no indication that the injury was grievous in nature.
7. Having regard to the nature of the allegations and
considering the fact that the investigation is now over, it would
appear that it is not necessary that the petitioners be taken into
custody for the purpose of the trial.
8. The learned counsel for the petitioner has relied upon a
decision of the Apex Court in Mahdoom Bava Vs. CBI, reported in
2023 SCC Online SC 299, wherein after considering the facts of the
case, the Court had held that the appellants therein were entitled to
be released on bail.
9. Having considered the facts and circumstances of the
present case, I am of the view that the petitioners are entitled to be
released on bail in the event of the Court choosing to remand them
to custody when they appear before the said Court.
10. Accordingly, it is directed that the petitioners shall appear
before the learned trial court on the next date fixed and upon such
appearance, they shall be released on bail upon such terms and
conditions as may be imposed by the learned court below.
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11. Accordingly, the anticipatory bail petition is allowed and
disposed of.
JUDGE
Comparing Assistant
