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Nazrul Islam Barbhuiya Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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Gauhati HC
2025
Nazrul Islam Barbhuiya Vs the State of AssamNazrul Islam Barbhuiya v. the State of Assam

Disposed¶28

Nazrul Islam Barbhuiya v. the State of Assam

Gauhati HC7 Aug 2025AB/1855/2025

Case brief

AI extract

What is this about?

Anticipatory bail / pre-arrest bail rejected; application disposed. Nazrul Islam Barbhuiya v. State of Assam, Gauhati High Court, AB/1855/2025, order dated 08.08.2025 by Justice Pranjal Das. Application under Section 482 of BNSS, 2023 in Sonapur P.S. Case No. 92/2025 under Sections 61, 318(4), 316(2), 336(3), 317(4), 109, 62, 351(1), 351(3), 3(5) of BNS, 2023. FIR dated 05.06.2025 by Tribal Association office bearers alleging racket of threatening/displacing legitimate residents and settling unauthorized persons via forged/manipulated land and revenue documents. Petitioner not named in ejahar; witnesses did not implicate him; I.O. note implicated him; investigation incomplete. Interim bail rejected; case diary ordered returned.

What did the court decide?

In view of the given facts and circumstances, the Court held that this may not be a fit case for grant of anticipatory bail at this stage, and therefore rejected the prayer for interim bail.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the petitioner, who is not named in the ejahar, is entitled to pre-arrest (anticipatory) bail under Section 482 of BNSS, 2023 in connection with Sonapur P.S. Case No. 92/2025. +1 more

Court's answer

In view of the given facts and circumstances, the Court held that this may not be a fit case for grant of anticipatory bail at this stage, and therefore rejected the prayer for interim bail.

Ratio / Principle

The anticipatory bail application stands disposed of.

Detailed headnote1 paragraphs

Gauhati High Court, single Bench (Pranjal Das, J.), Order dated 08.08.2025 in AB/1855/2025: anticipatory-bail application under Section 482 of BNSS, 2023 filed by Nazrul Islam Barbhuiya in connection with Sonapur P.S. Case No. 92/2025 (Sections 61/318(4)/316(2)/336(3)/317(4)/109/62/351(1)/351(3)/3(5) of BNS, 2023), arising from an FIR dated 05.06.2025 lodged by two office bearers of the Tribal Association alleging a racket to threaten and displace legitimate residents and settle unauthorized persons. The petitioner was not named in the ejahar, and the witnesses examined had not implicated him; however, an investigation note by the I.O. stated that he was one of the persons involved in the alleged racket of forging land documents and settling individuals with doubtful citizenship, and the investigation was not complete. Holding that it was not a fit case for grant of anticipatory bail at that stage, the Court rejected the prayer for interim bail, disposed of the application, and directed return of the case diary.

A

Page No.# 1/3

GAHC010169452025

2025:GAU-AS:10462

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/1855/2025

NAZRUL ISLAM BARBHUIYA S/O- MOSRAF ALI BARBHUIYA. R/O- VILL.- SONAPUR KACHUTALI (PART), SUB-DIVN.- GUWAHATI, P.S.SONAPUR, DIST.- KAMRUP(M), ASSAM.

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM.

Advocate for the Petitioner : MR. M HUSSAIN, MS. A. MECH,MR I A HAZARIKA

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

08.08.2025

1. Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of BNSS, 2023 has been

Page No.# 2/3

filed by the petitioner, namely, Nazrul Islam Barbhuiya, seeking pre-arrest bail in connection with Sonapur P.S Case No.92/2025 under Sections 61/ 318(4) /316(2)/ 336(3)/ 317(4)/ 109/ 62/ 351(1)/351(3)/3(5) of BNS, 2023.

3. The case arose out of an FIR dated 05.06.2025 lodged by two office bearer of the Tribal Association with the allegation that that some persons are involved in some kind of a racket to threaten and displace legitimate residents and settle unauthorized persons.

4. The learned counsel for the petitioner contends and submits that the petitioner is not named in the ejahar and submits that the police are seeking to arrest him merely on the basis of suspicion, giving rise to an apprehension of arrest though he is not at all connected with the allegations.

5. On the other hand, Ms. S.H. Bora, learned Additional Public Prosecutor for the State, submits that the case diary has been received and is placed before the Court.

6. It is fairly submitted that the witnesses examined have not implicated the petitioner; however, there is an investigation note/report by the I.O stating that the present petitioner is also one of the persons involved in the alleged racket of forging land documents and settling individuals with doubtful citizenship.

7. The allegations in the ejahar name only one person; however, the nature of the allegations appears to be quite serious, indicating involvement of a larger racket involved in such illegal activities of manipulating land and revenue documents and selling

Page No.# 3/3

them to persons.

8. Investigation is not yet completed.

9. In view of the given facts and circumstances, this may not be a fit case for grant of anticipatory bail at this stage. Therefore, the prayer for interim bail stands rejected.

10. Accordingly, this anticipatory bail is disposed of .

11. Return back the case diary.

JUDGE

Comparing Assistant

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, who is not named in the ejahar, is entitled to pre-arrest (anticipatory) bail under Section 482 of BNSS, 2023 in connection with Sonapur P.S. Case No. 92/2025.¶20
The court held
In view of the given facts and circumstances, the Court held that this may not be a fit case for grant of anticipatory bail at this stage, and therefore rejected the prayer for interim bail.ratio¶27
2.
Whether, given the serious nature of the allegations indicating a larger racket manipulating land and revenue documents and the incomplete investigation, anticipatory bail could be granted at this stage.medium confidence¶23

Statutes considered

2 provisions across 2 enactments

AI extract

BNSS, 2023482¶16
BNS, 202361, 318(4), 316(2), 336(3), 317(4), 109, 62, 351(1), 351(3), 3(5)¶18

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR dated 05.06.2025 lodged by two office bearers of the Tribal Association alleging a racket to threaten and displace legitimate residents and settle unauthorized persons.¶19
Prior proceeding
Petitioner filed the present application under Section 482 of BNSS, 2023 seeking pre-arrest bail in connection with Sonapur P.S. Case No. 92/2025 registered under multiple sections of BNS, 2023.¶18
Prior proceeding
During investigation, the witnesses examined had not implicated the petitioner.¶22
Prior proceeding
An investigation note/report by the I.O. stated that the petitioner was one of the persons involved in the alleged racket of forging land documents and settling individuals with doubtful citizenship.¶22
Prior proceeding
Investigation in the case was not yet completed at the time of the hearing.¶26

Parties & counsel

AI extract

petitioner
Nazrul Islam Barbhuiya¶7
M. Hussain, A. Mech, I A Hazarika
respondent
The State of Assam represented by the PP, Assam¶9
S.H. Bora

Coram

AI extract

Pranjal Dasauthor¶12

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 7 Aug 2025 · August
Registered: 1 Aug 2025
Case no.: AB/1855/2025
CNR: GAHC010169452025
Topic: Anticipatory Bail
Bench: Pranjal Das
Disposal: Disposed Of
Case type: AB

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Cite this judgement

Nazrul Islam Barbhuiya v. the State of Assam, AB/1855/2025 (GAU), decided on 7 August 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

BNSS, 2023482
BNS, 202361, 318(4), 316(2), 336(3), 317(4), 109, 62, 351(1), 351(3), 3(5)

View all statutes

Procedural history5

FIR dated 05.06.2025 lodged by two office bearers of the Tribal Association alleging a racket to threaten and displace legitimate residents and settle unauthorized persons.
Petitioner filed the present application under Section 482 of BNSS, 2023 seeking pre-arrest bail in connection with Sonapur P.S. Case No. 92/2025 registered under multiple sections of BNS, 2023.

View full history

Bench / Coram

Pranjal Das

Parties & counsel