Dismissed¶28

Jakir Hussain and 2 Ors. v. the State of Assam

Gauhati HC5 Feb 2026AB/135/2026

Case brief

AI extract

What is this about?

Gauhati High Court; Case No. AB/135/2026; anticipatory bail petition rejected and disposed of; Section 482 BNSS; BNS 2023 Sections 117(2)/118(2)/126(2)/109/3(5); Patharkandi P.S. Case No. 230/2025; brutal assault marpit; grievous head injuries; eyewitness statements; case diary returned; bail denied at this stage; Pranjal Das, J.; dated 06.02.2026; petitioners Jakir Hussain, Salikur Rahman @ Abdul Salik, Juber Ahmed @ Jubair Ahmed; respondent State of Assam; Patharkandi, Sribhumi district, Assam.

What did the court decide?

Eyewitness statements in the case diary implicate the accused persons, including the petitioners, as being directly involved in the assault of the victims in a brutal manner. ¶24

Jakir Hussain and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Page No.# 1/3

GAHC010004572026

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

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Case No. : AB/135/2026

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JAKIR HUSSAIN AND 2 ORS.

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S/O ABDUL JOBBAR, R/O VILL SHERPUR PT II, PS PATHARKANDI, DIST SRIBHUMI, ASSAM

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2: SALIKUR RAHMAN ALIAS ABDUL SALIK

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S/O LATE FORJAN ALI R/O VILL SHERPUR PT II PS PATHARKANDI DIST SRIBHUMI ASSAM

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3: JUBER AHMED ALIAS JUBAIR AHMED SO SALIKUR RAHMAN ALIAS ABDUL SALIK RO VILL SHERPUR PT II PS PATHARKANDI DIST SRIBHUMI ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR K BHUYAN, MS. A HUSSAIN,MR. M U E BHUYAN Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

06.02.2026

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Heard Mr. K. Bhuiya, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor.

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This petition under Section 482 BNSS is filed by the petitioners, namely, (1) Jakir Hussain (2) Salikur Rahman @ Abdul Salik and (3) Juber Ahmed @ Jubair Ahmed , apprehending arrest in connection with Patharkandi P.S. Case No. 230/2025 registered u/s 117(2)/118(2)/126(2)/109/3(5) of BNS, 2023 .

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It appears that in the instant case, the allegation as well as counter allegation is of marpit and assault.

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The case diary as called for has been received.

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The learned Additional Public Prosecutor submits that there are implicating materials which sufficiently reveals the involvement of the petitioners in the alleged offences of assault causing injuries. It is submitted that one of the victims suffered grievous injuries as supported by the medical document available in the case diary. It is submitted by the Prosecution that it is not a fit case for grant of anticipatory bail.

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On the other hand, the learned counsel for the petitioners submits that the petitioner No.1 suffered a fracture prior to the incident and that custodial detention of the petitioenrs may not be necessary.

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I have perused the relevant portions of the case diary. Eyewitnesses in their statements have implicated the accused persons, including the petitioners, as being directly involved in the assault of the victims in a brutal manner. The medical report of one of the victims indicates head injuries and the injuries have been categorized as grievous in nature. It is

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true that three of the FIR named persons has been granted bail but the same is regular bail after their arrest.

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Upon perusing the materials revealed by the investigation, I find force in the Prosecution contention that this may not be a fit case for grant of anticipatory bail at this stage.

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In such view of the matter, the bail petition stands rejected and disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Jakir Hussain and 2 Ors. v. the State of Assam

Case brief

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What did the court decide?

Jakir Hussain and 2 Ors. v. the State of Assam

Case brief

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