Nur Mahammad Alies Nuru Mia Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Nur Mahammad Alies Nuru Mia Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: in the event of arrest in connection with Barpeta P.S. Case No. 71/2026, the accused-applicant is to be released on furnishing a bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that he (i) appears before the investigating officer within 10 days of passing of the order, (ii) co-operates with the investigation and makes himself available as and when called by the investigating officer, and (iii) does not try to influence any witness involved in the case; Case Diary to be sent back.

Issue for consideration

Whether pre-arrest bail should be granted to the accused-applicant Nur Mahammad @ Nuru Mia, who apprehends arrest in connection with Barpeta P.S. Case No. 71/2026 registered under Sections 296/77/108/123/3 (5) of the BNS, 2023.

Court's answer

On perusal of the FSL report as well as other materials in the Case Diary, the Court was of the considered opinion that at this stage the accused-applicant should be given the privilege of pre-arrest bail.

Ratio / Principle

It was directed that in the event of arrest of the accused-applicant in connection with the aforesaid case, he shall be released on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority, subject to conditions: (i) appearance before the investigating officer within 10 days of passing of the order; (ii) co-operation with the investigation and remaining available as and when called by the investigating officer; and (iii) not trying to influence any witness involved in the case.

Detailed headnote1 paragraphs

Gauhati High Court (Justice Anjan Moni Kalita) disposed of a pre-arrest bail application under Section 482 of the BNSS, 2023 filed by Nur Mahammad alias Nuru Mia, who apprehended arrest in Barpeta P.S. Case No. 71/2026 registered under Sections 296/77/108/123/3 (5) of the BNS, 2023. The underlying FIR dated 09.02.2026 alleged that the applicant sold fertilizers and insecticides along with his grocery articles without licence, following which the informant's minor daughter, after buying some of them, committed suicide by consuming the same. The applicant contended he held a licence for such business, that the FIR came 9 months after the incident, and that he had not sold any fertilizer or insecticide to the victim. The Case Diary and FSL report were produced; after perusing them the Court held that at this stage the accused-applicant should be given the privilege of pre-arrest bail, and directed that in the event of arrest he be released on a bail bond of Rs.50,000/- with a suitable surety of like amount, subject to conditions of appearing before the investigating officer within 10 days, co-operating with the investigation, and not influencing witnesses.

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GAHC010103062026

2026:GAU-AS:8071

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

Case No. : AB/1149/2026

NUR MAHAMMAD ALIES NURU MIA S/O LATE GAJI RAHMAN ALIES GAJI MIA R/O - VILL - NO 2, BHATKUCHI, P.O - BHATKUCHI, P.S - BARPETA, DIST - BARPETA, ASSAM, PIN- 781314

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR M Z SHAH, S ISLAM

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 09.06.2026

Heard learned Counsel Mr. M.Z.Shah for the petitioner and Mr. B.Sharma, learned Addl.Public Prosecutor for the respondent State.

This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicant Nur Mahammad @ Nuru

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Mia, apprehending arrest in connection with Barpeta P.S. Case No. 71/2026, registered under Sections 296/77/108/123/3 (5) of the BNS, 2023.

An FIR was lodged on 09.02.2026, alleging that the accused-applicant herein, has sold certain fertilizers and insecticides along with his grocery articles without license and the informant’s minor daughter after buying some fertilizers and insecticides committed suicide by consuming the same.

The learned counsel for the accused-applicant submits that the accusedapplicant is a license holder for selling of fertilizer and insecticides and he has been doing this business for quite a while. In the instant case, FIR has been lodged after 9 months of the incident of the alleged suicide. He submits that he has not sold any fertilizer or insecticides to the victim as alleged in the FIR.

Case Diary along with the FSL report in the instant case has been produced before the Court.

After perusal of the FSL report as well as other materials in the Case Diary, this Court is of the considered opinion that at this stage the accused-applicant should be given the privilege of pre-arrest bail.

Accordingly, it is directed that in the event of the arrest of the accusedapplicant in connection with the aforesaid case, he shall be released on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of arresting authority, subject to the following conditions:

i) The accused applicant shall appear before the investigating officer within a period of 10 days of passing of this order;

ii) The accused applicant shall co-operate with the investigation and make himself available as and when called

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for by the investigating officer; and

iii) The accused applicant shall not try to influence any witness that may be involved in the instant case.

In terms of the above directions, the anticipatory bail application is disposed of.

Send back the Case Dairy.

JUDGE

Comparing Assistant