Disposed

Abdul Mannan and 3 Ors. v. the State of Assam

Gauhati HC15 Sept 2026AB/1671/2026

Case brief

AI extract

What is this about?

The Gauhati High Court considered an application for pre-arrest bail and rendered the interim orders dated 24.07.2026 and 05.08.2026 absolute. The court observed that the petitioners had appeared for statement recording and no overt violent acts were imputed to them specifically.

What did the court decide?

The bail orders dated 24.07.2026 and 05.08.2026 were made absolute with a condition to follow stated directions.

Abdul Mannan and 3 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

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GAHC010190732026

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

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Case No. : AB/1671/2026

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ABDUL MANNAN AND 3 ORS S/O SAMIR UDDIN MUNCHI R/O VILL.- PATIA PATHER P.O. PATIA CHAPORI PIN- 782122 P.S. DHING DIST. NAGAON ASSAM 2: WAHIDA BEGUM W/O RUHUL AMIN R/O VILL.- PATIA PATHER P.O. PATIA CHAPORI PIN- 782122 P.S. DHING DIST. NAGAON ASSAM 3: MARUFA KHANAM ALIAS MARUFA BEGUM W/O NAZRUL ISLAM R/O VILL.- PATIA PATHER P.O. PATIA CHAPORI PIN- 782122 P.S. DHING DIST. NAGAON ASSAM 4: ANOWARA BEGUM W/O MD. ABDUL JABBAR R/O VILL.- ROWMARI GAON P.O. ROWMARI BILL PIN- 782123

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P.S. BATADRABA DIST. NAGAON ASSAM . VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P ASSAM

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-----------Advocate for : MS. S G BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : 16.09.2026

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Heard Ms. S.G. Baruah, learned Counsel for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Also heard Mr. S. Borthakur, learned Senior Counsel assisted by Mr. US Bora, learned Counsel for respondent no.2 i.e. the informant.

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By this application, the petitioners have prayed for pre arrest bail in connection with Dhing P.S. Case No. 166/2026 corresponding to GR Case No. 1479/2026 registered under Sections 103(1) as well as 3(5) of BNS, 2023. The FIR in connection with which the petitioners are apprehending arrest was lodged on 03.07.2026 by the wife of the deceased stating inter alia that while she and her husband was working in her land, all the accused persons including the petitioners came in a group with weapons in their hands and entered into a heated argument with her and her husband and as a result of the same, it is stated by the informant that accused no.1 arrayed as such in the FIR had given

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a dao blow on the head of her husband and that the dao was left in the head itself. It was further stated that two persons out of the said group had pulled out the dao from the head of her husband. She thereafter stated that other accused persons have also assaulted her husband and herself and due to the said assault, her husband met his death.

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The learned Counsel for the petitioners submits that there are no overt acts mentioned in respect of the petitioners and the only allegation against them is that they have instigated accused no.1 to be hit the deceased.

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Mr. RJ Baruah, learned Additional Public Prosecutor for the State, however, on perusal of the Case Diary submits that eye witnesses have stated that specific instigation was given by the petitioner no.4 to the accused no.1 to hit and also that other petitioners have shouted to kill the victim and as a result of which the accused no.1 had given the fatal blow.

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Mr. S. Borthakur, learned Senior Counsel assisted by Mr. US Bora, learned Counsel for respondent no.2 stated that on obtaining interim pre arrest bail order from this Court, the petitioners have threatened the informant and as such, he submits that the same be considered while dealing with this application.

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Upon consideration of the submissions made by the learned Counsel for the parties, this Court finds that petitioners were not stated to have given any blow specifically on the deceased. It is seen that all the petitioners were enlarged on interim pre arrest bail by this Court vide orders dated 24.07.2026 as well as 05.08.2026 on the ground that they should appear before the I.O. for recording their statements and Mr. R.J. Baruah, learned Additional Public Prosecutor on perusal of the Case Diary submits that the petitioners appeared

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and their statements were recorded.

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As such, orders dated 24.07.2026 as well as 05.08.2026 are made absolute with the condition that they should follow the directions and conditions already mentioned in the said interim orders without fail.

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Petition is disposed of.

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JUDGE

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Comparing Assistant

Abdul Mannan and 3 Ors. v. the State of Assam

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Abdul Mannan and 3 Ors. v. the State of Assam

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