Sayed MD Alias Samsul HUDA and 3 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Sayed MD Alias Samsul HUDA and 3 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to petitioners Nos. 1 to 3 (release on arrest in Nilambazar P.S. Case No. 04/2026 on a bond of Rs. 25,000/- each with sureties of like amount, to the satisfaction of the arresting authority); petitioner No. 4 (Shahnawaz Ahmed) not granted pre-arrest bail and directed to appear before the Trial Court on or before 04.04.2026 to file a bail application; case diary ordered returned.

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 482 of the BNSS, 2023 should be granted to the petitioners in respect of Nilambazar P.S. Case No. 04/2026. +1 more

Court's answer

Petitioners Nos. 1 to 3 (Sayed Md. @ Samsul Huda, Sayed Imran Hussain @ Imran Ahmed, Sayed Samsul Ruhal @ Ruhan Ahmed) were present at the place of occurrence but their participation in the offence is not very clear; therefore they do not deserve to be detained in custody and their pre-arrest bail prayer is allowed.

Ratio / Principle

In the event of arrest of petitioners Nos. 1 to 3 in connection with Nilambazar P.S. Case No. 04/2026, they shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) each, with sureties of like amount, to the satisfaction of the arresting authority.

Key takeaways

Since there are sufficient materials against petitioner No. 4 (Shahnawaz Ahmed) in the case diary, his pre-arrest bail prayer is not granted; he is directed to appear before the Trial Court on or before 4 April 2026 and file a bail application, which the Trial Court shall consider in accordance with law.ratio¶27

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J.), order dated 20.03.2026 in Case No. AB/282/2026 - application under Section 482 of the BNSS, 2023 for pre-arrest bail in respect of Nilambazar P.S. Case No. 04/2026, arising from an FIR alleging that the petitioners and others came armed with sharp weapons to a restaurant where the informant's husband (Ahmed Sahil) sat with friends, abused the group, and that one petitioner attacked the husband causing a cut injury on one of his hands; the injured was treated at Silchar Medical College and Hospital and discharged on the request of family members. Holding that the presence of petitioners Nos. 1 to 3 (Sayed Md. @ Samsul Huda, Sayed Imran Hussain @ Imran Ahmed, Sayed Samsul Ruhal @ Ruhan Ahmed) at the place of occurrence stood established but their participation in the offence was 'not very clear', the Court allowed their pre-arrest bail and directed that, on any arrest in that case, they be released on a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with sureties of like amount, to the satisfaction of the arresting authority. For petitioner No. 4 (Shahnawaz Ahmed) the Court found sufficient materials in the case diary, declined pre-arrest release, and directed him to appear before the Trial Court on or before 4 April 2026 and file a bail application, to be considered in accordance with law. The application was disposed of and the case diary ordered returned.

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GAHC010025752026

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

Case No. : AB/282/2026

SAYED MD ALIAS SAMSUL HUDA AND 3 ORS S/O LATE ABDUL KADIR, R/O BUNDASHIL, P.O. AND P.S. BADARPUR, DIST. SRIBHUMI, ASSAM.

2: SAYED IMRAN HUSSAIN @ IMRAN AHMED S/O LATE ABDUL KADIR R/O BUNDASHIL P.O. AN P.S. BADARPUR DIST. SRIBHUMI ASSAM

3: SAYED SAMSUL RUHAL @ RUHAN AHMED S/OLATE ABDUL KADIR R/O BUNDASHIL P.O. AND P.S. BADARPUR DIST. SRIBHUMI ASSAM

4: SHAHNAWAZ AHMED S/O LATE JALAL AHMED R/O JANIGANJ SILCHAR PRESENT ADDRESS- SUFIA TOWER S.R. ROAD P.S. BADARPUR DIST. SRIBHUMI ASSA

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR. S RAHMAN

Advocate for the Respondent : PP, ASSAM, MS. S. CHANDA(INFORMANT),MR. S C BISWAS(INFORMANT),TAWHID LASKAR

BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

Date : 20.03.2026

Heard Mr. B K Mahajan, the learned counsel appearing for the petitioners as well as Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S.C. Biswas, the learned counsel appearing for the informant.

2 . This is an application under Section 482 of the BNSS, 2023 praying for grant of prearrest bail to the petitioners in respect of Nilambazar P.S. Case No. 04/2026 .

3 . The informant has alleged in the FIR that while her husband Ahmed Sahil was sitting in a restaurant with some of his friends, the petitioners and some other persons arrived there with sharp weapons. They started to abuse the husband of the informant and his associates. 4 . It is further alleged that one of the petitioners had attacked the husband of the informant with a sharp weapon, as a result of which, he sustained a cut injury on one of his hand. The injured was taken to the Silchar Medical College and Hospital. Thereafter, he was discharged from the hospital on request made by the family members of the informant.

5 . Today, Mr. Biswas has objected to this bail application on various grounds incorporated in his Objection Petition. Mr. Goswami has also objected to this bail application.

6 . I have considered the submissions made by Mr. Mahajan, Mr. Goswami and Mr. Biswas.

7 . The husband of the informant sustained only one serious cut injury on one of his hand.

8 . After hearing the learned counsels of both sides, this Court is of the opinion that the petitioners, namely, 1. Sayed Md. @ Samsul Huda, 2. Sayed Imran Hussain @ Imran Ahmed, 3. Sayed Samsul Ruhal @ Ruhan Ahmed were present in the place of occurrence and their participation in the offence is not very clear. Therefore, they do not deserve to be detained in custody. Their pre-arrest bail prayer is accordingly allowed.

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9 . It is hereby directed that in the event of arrest in connection with Nilambazar P.S. Case No. 04/2026 , the petitioners, namely, 1. Sayed Md. @ Samsul Huda, 2. Sayed Imran Hussain @ Imran Ahmed, 3. Sayed Samsul Ruhal @ Ruhan Ahmed shall be released on bail of ₹ 25,000 /- ( Rupees Twenty Five Thousand ) each with sureties of like amount to the satisfaction of the arresting authority.

10 . So far the prayer of the petitioner No. 4, namely , Shahnawaz Ahmed is concerned, there are sufficient materials against this petitioner in the case diary.

11 . Therefore, the petitioner No. 4, namely, Shahnawaz Ahmed is directed to appear before the Trial Court on or before 4^th of April 2026 and to file an application for bail. The Trial Court shall consider his bail application in accordance with the procedures as laid down by law.

With the aforesaid direction, the bail application is disposed of.

The CD shall be returned.

JUDGE

Comparing Assistant