Dismissed¶32

Sri Rejjak Khan and 5 Ors. v. the State of Assam

Gauhati HC2 Nov 2025AB/2281/2025

Case brief

AI extract

What is this about?

Gauhati High Court; AB/2281/2025; 03.11.2025; Justice Sanjeev Kumar Sharma; pre-arrest bail; Section 482 BNSS 2023; BNS 2023 Sections 191(3), 132, 121(2), 109, 118(2), 126(2), 324(5); Barpeta P.S. Case No. 301/2025; G.R. Case No. 938/2025; attack on police personnel; Village Tilapara; cyber criminal; petition dismissed; bail refused.

What did the court decide?

Although the medical report indicates only simple injury and most of the other offences are bailable, there is sufficient material in the case diary regarding the allegation that the petitioners attacked police personnel who were discharging their public duty; this is a serious matter and a lenient approach would send a wrong signal to society. ¶29

Sri Rejjak Khan and 5 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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GAHC010203002025

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

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Case No. : AB/2281/2025

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SRI REJJAK KHAN AND 5 ORS.

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SON OF MAFEJ KHAN, R/O VILLAGE FULBARI, P.O. GUMAFULBARI, P.S. TARABARI, DIST. BARPETA, ASSAM, PIN-781302

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2: SRI OMAR FARUK KHAN SON OF AJMAL KHAN RESIDENT OF VILLAGE BARBARADI BHELLA P.O. BELLA P.S. TARABARI DIST. BARPETA ASSAM PIN-781309.

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3: SRI HASEN ALI SON OF JOYNAL MIAH R/O VILLAGE BALAPARA P.O. BAR GHOL P.S. TARABARI DIST. BARPETA ASSAM PIN-781302.

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4: SRI RAFIZUL KHAN SON OF RAHIM KHAN R/O VILLAGE BALAPARA P.O.BAR GHOL P.S. TARABARI DIST. BARPETA ASSAM PIN-781302.

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5: SRI RAFIJUL ISLAM KHAN SON OF GARJAN KHAN

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R/O VILLAGE BALAPARA P.O. BAR GHOL P.S. TARABARI DIST. BARPETA ASSAM PIN-781302

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6: SRI LLAHAM MIAH SON OF ALAUDDIN MIYA R/O VILLAGE BALAPARA P.O. GUMAFULBARI P.S. TARABARI DIST. BARPETA ASSAM PIN-78130 VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A A R KARIM, S A KHAN,ASRAB ALI,MD S A MONDAL,MR. A DEB

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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03.11.2025

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Heard Mr. A.A.R. Karim, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent.

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This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, (i) Rejjak Khan (ii) Omar Faruk Khan (iii) Hasen Ali (iv) Rafizul Khan (v) Rafijul Islam Khan and (vi) Llaham Miah seeking

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pre-arrest bail in connection with Barpeta P.S. Case No. 301/2025 under Sections 191(3)/132/121(2)/109/ 118(2)/126(2)/324(5) of BNS, 2023 (corresponding to G.R. Case No.938/2025).

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The allegation against the petitioners is that when the Police officials from Barpeta P.S., upon receipt of information regarding the presence of a cyber criminal in Village Tilapara visited the spot and apprehended the petitioner No.2, a huge crowd gathered and attacked the Police personnel with sharp weapons to secure the release of the petitioner No.2 and caused grievous injuries upon the Police personnel. They also tried to snatch away the arms from the Police personnel and attacked them with stones and bricks.

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It is submitted on behalf of the petitioners that nothing more than an altercation took place between the village people and the Police, but the Police have fabricated a different story.

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The learned Addl. P.P. submits that the allegations against the petitioners are very serious, as they attacked Police personnel, who had gone to discharge their lawful duties and caused injuries to them.

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Although the medical report indicates only simple injury and most of the other offences are bailable, there is sufficient material in the case diary regarding the allegations of attacking Police personnel in discharging of their public duty which is indeed a serious one and a lenient approach in this regard would send a wrong signal to the society.

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