Disposed¶8

Sri Amrit Barman and Anr. v. the State of Assam

Gauhati HC14 Jun 2026AB/1063/2026

Case brief

AI extract

What is this about?

Pre-arrest bail; anticipatory bail; Section 482 BNSS 2023; BNS 2023 Sections 329/331/332(b)/334(1)/190/308/303/3(5)/189; Changsari P.S. Case No. 58/2026; C.R. Case No. 19/2026; boundary dispute; demolition of boundary wall; charge sheet filed; custodial interrogation unnecessary; interim order dated 25.05.2026 made absolute; Gauhati High Court; Sanjeev Kumar Sharma, J.; AB/1063/2026; Amrit Barman; Upen Barman; State of Assam; K.K. Handique; B. Sarma.

What did the court decide?

Pre-arrest bail granted to both petitioners under Section 482 BNSS, 2023; interim order dated 25.05.2026 made absolute, subject to conditions that the petitioners cooperate with the investigation and refrain from influencing witnesses. ¶8

Sri Amrit Barman and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, Sri Amrit Barman and Sri Upen Barman, apprehending arrest in Changsari P.S. Case No. 58/2026 (arising out of C.R. Case No. 19/2026) under the cited sections of BNS, 2023, are entitled to pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

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Court's answer

Having regard to the nature of the allegation (a boundary dispute concerning demolition of a boundary wall) and the fact that the investigation is complete culminating in the charge sheet, custodial interrogation of the petitioners may not be necessary.

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Ratio / Principle

The prayer for pre-arrest bail is allowed and the interim order dated 25.05.2026 is made absolute.

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Key takeaways

The pre-arrest bail is subject to conditions that the petitioners shall cooperate with the investigation as and when called for and shall not influence any of the witnesses acquainted with the facts of the case, in any manner.ratio¶7

Detailed headnote1 paragraphs

Gauhati High Court (Sanjeev Kumar Sharma, J.) allowed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for pre-arrest bail in AB/1063/2026. Petitioners Sri Amrit Barman and Sri Upen Barman apprehended arrest in Changsari P.S. Case No. 58/2026 (arising out of C.R. Case No. 19/2026) under Sections 329/331/332(b)/334(1)/190/308/303/3(5)/189 of BNS, 2023, the allegation being that, in a boundary dispute, they demolished the complainant's boundary wall. Pursuant to interim protection dated 25.05.2026 the petitioners had appeared before the Investigating Officer and their statements were recorded; the investigation stood complete with the charge sheet filed. Holding that custodial interrogation was therefore unnecessary, the Court allowed the prayer, made the interim order dated 25.05.2026 absolute, and directed the petitioners to cooperate with the investigation and not influence witnesses. Bail application disposed of; case diary sent back.

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Page No.# 1/2

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GAHC010098142026

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THE GAUHATI HIGH COURT

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

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Case No. : AB/1063/2026

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SRI AMRIT BARMAN AND ANR

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S/O SATYA RAM BARMAN, R/O VILL ABHAYPUR, NORTH GUWAHATI, PS NORTH GUWAHATI, DIST KAMRUP , ASSAM

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2: UPEN BARMAN

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S/O SRI AMRIT BARMAN R/O VILL ABHAYPUR NORTH GUWAHATI PS NORTH GUWAHATI DIST KAMRUP ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. K K HANDIQUE, MS M BORA 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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Date : 15 .0 6 . 2026

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Heard Mr. K.K. Handique, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam for the State respondent.

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2 . This is an application filed under Section 482 of the Bharatiya Nagarik

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Page No.# 2/2

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Suraksha Sanhita (BNSS), 2023, seeking pre-arrest bail by the petitioners namely, (1) Sri Amrit Barman and (2) Sri Upen Barman apprehending arrest in connection with Changsari P.S. Case No. 58/2026 (Arising out of C.R. Case No. 19/2026) under Sections 329/ 331/ 332(b)/ 334(1)/ 190/ 308/ 303/ 3(5)/ 189 of BNS, 2023, lodged by the complainant.

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3 . The case is related to boundary dispute wherein the allegation is that the petitioners had demolished boundary wall of the complainant.

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4 . The case diary as called for has been produced which has been perused.

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5 . Pursuant to interim protection dated 25.05.2026, the petitioner had appeared before the Investigating Officer and their statements were recorded.

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6 . Having regard to the nature of allegation and the fact that the investigation is complete culminating in the charge sheet, it may not be necessary to conduct custodial interrogation of the petitioners. The prayer for pre-arrest bail is allowed. Accordingly, the interim order dated 25.05.2026 is hereby made absolute.

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7 . It is further provided that the petitioners shall cooperate with the investigation as and when called for and they shall not influence any of the witnesses acquainted with the facts of this case, in any manner.

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8 . In terms of the above directions, this bail application stands disposed of.

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9 . Send back the case diary.

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JUDGE

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Comparing Assistant

Sri Amrit Barman and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sri Amrit Barman and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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