Arnish Hussain Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Arnish Hussain Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both anticipatory bail applications disposed of: petitioners granted liberty to apply for regular bail before the learned trial Court; directed to appear before the trial Court within 15 days; if arrested within those fifteen days, to be released on interim bail on a bond of Rs. 50,000/- each with two sureties each of like amount, the interim release being valid for fifteen days from the date of the order.

Issue for consideration

Whether the two anticipatory bail applications (Arnish Hussain in AB/10/2026 and Samsul Haque in AB/2942/2025), arising out of the same FIR (Baihata P.S. Case No. 251/2025), should be granted anticipatory bail.

Court's answer

Both anticipatory bail applications are disposed of with the direction to the petitioners to approach the learned trial Court with appropriate applications, and any bail application filed shall be disposed of in accordance with law.

Ratio / Principle

Both petitioners are directed to appear before the learned trial Court within 15 (fifteen) days from the date of the order.

Key takeaways

If the petitioners are arrested within the fifteen-day period, they shall be released on interim bail on furnishing a bond of Rs. 50,000/- each with two sureties each of like amount to the satisfaction of the arresting authority; the interim release is valid for fifteen days from the date of the order.ratio¶30

Detailed headnote1 paragraphs

Anticipatory bail - common order disposing of two anticipatory bail applications (AB/10/2026, Arnish Hussain v. State of Assam; AB/2942/2025, Samsul Haque v. State of Assam) arising out of the same FIR, Baihata P.S. Case No. 251/2025 under Sections 61(2)/318(4)/308(2)/316(5) of BNS, 2023, charge sheet having been filed (C.S. No. 281/2025 dated 30.12.2025). Held: anticipatory bail not granted at this stage; petitioners at liberty to approach the learned trial Court for regular bail, with any such application to be dealt with in accordance with law. Petitioners directed to appear before the trial Court within 15 days; in the event of arrest within that period, they are to be released on interim bail on a bond of Rs. 50,000/- each with two sureties of like amount, the interim release remaining valid for 15 days (Sanjeev Kumar Sharma, J.).

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GAHC010289422025

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

Case No. : AB/10/2026

ARNISH HUSSAIN

S/O MONOWAR HUSSAIN, R/O RANGIA TOWN WARD NO. 1, P.O. AND P.S.RANGIA, DIST- KAMRUP, ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED

Advocate for the Respondent : PP, ASSAM,

Linked Case : AB/2942/2025

SAMSUL HAQUE S/O SIDDIQUE ALI AHMED R/O VILL- TITKURI P.S. RANGIA DIST. KAMRUP ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM

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Advocate for : MR S M ABDULLAH P Advocate for : PP

ASSAM appearing for THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

Date : 05. 02. 2026

Heard Mr. M.I. Hussain, learned counsel for the petitioner in AB No. 10/2026 and Mr. S.M. Abdullah, learned counsel for the petitioner in AB No. 2942/2025. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam for the State respondent in both the cases.

Both these two cases are out of the same FIR and disposed of with common order.

The learned Addl. Public Prosecutor has submitted that the charge sheet has already been submitted in these two cases vide C.S. No. 281/2025 dated 30.12.2025 in connection with Baihata P.S. Case No. 251/2025 under Sections 61(2)/ 318(4)/ 308(2)/ 316(5) of BNS, 2023.

The learned counsels for the petitioner(s) have submitted that the petitioner(s) shall appear before the learned trial Court to apply for regular bail.

Accordingly, both the anticipatory bail applications are disposed of with the direction to the petitioner(s) to approach before the learned trial Court with appropriate applications and in the event of filing any bail application, the same shall be disposed of in accordance with law.

It is further directed that both the petitioners are shall appear before the learned trial Court within 15 (fifteen) days from today and in the event of their

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arrest within these fifteen days, they shall be released on interim bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand only) each with two sureties each of like amount to the satisfaction of the arresting authority in connection with the aforementioned case. The interim release will be valid for the next fifteen days from today.

The bail applications are disposed of.

JUDGE

Comparing Assistant