Partly allowed¶28

Chand Miya and 9 Ors. v. the State of Assam

Gauhati HC4 Feb 2026AB/2988/2025

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail; Section 482 BNSS 2023; Gauhati High Court; AB/2988/2025; Dhula P.S. Case No. 127/2025; BNS 2023 Sections 189(2), 329(3), 109, 118(2), 324(4), 324(5); FIR 15.11.2025; assault with sharp weapons; interim bail made absolute for Chand Miya and Jabbar Ali @ Jabar Ali; pre-arrest bail rejected for other eight petitioners; Justice Pranjal Das; decided 05.02.2026; Darrang, Assam.

What did the court decide?

Interim pre-arrest bail of petitioner no. 1 (Chand Miya) and petitioner no. 5 (Jabbar Ali @ Jabar Ali) made absolute subject to cooperation with the investigation and abstention from illegal activities or offences; prayer for pre-arrest bail rejected for the remaining petitioners; Case Diary ordered to be sent back. ¶28

Chand Miya and 9 Ors. 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 pre-arrest (anticipatory) bail should be granted to the petitioners under Section 482 BNSS 2023 in connection with Dhula P.S. Case No. 127/2025. +1 more

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Court's answer

The Court accepted the prosecution's contention and held that this may not be an appropriate case for grant of pre-arrest bail.

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Ratio / Principle

The Court rejected the prayer for pre-arrest bail of the petitioners other than petitioner nos. 1 and 5, at this stage.

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Key takeaways

The Court did not cancel the interim bail of petitioner no. 1 (Chand Miya) and petitioner no. 5 (Jabbar Ali @ Jabar Ali), who had appeared and whose statements had been recorded, and made their interim bail absolute subject to the conditions that they cooperate with the investigation and commit no illegal activities or offences.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court (Justice Pranjal Das, order dated 05.02.2026) disposed of anticipatory-bail application AB/2988/2025 filed under Section 482 BNSS 2023 by ten residents of Village No. 1 Magurmari, Darrang, seeking pre-arrest bail in Dhula P.S. Case No. 127/2025 (Sections 189(2)/329(3)/109/118(2)/324(4)/324(5), Bharatiya Nyaya Sanhita 2023), arising from an FIR dated 15.11.2025 lodged by Jalal Ali alleging that on 02.11.2025 twelve accused attacked his family with sharp weapons. Finding force in the prosecution's contention (victim's father critically injured; medical reports in the Case Diary perused; one victim supported the allegations), the Court held it not an appropriate case for pre-arrest bail and rejected the prayer of the petitioners other than nos. 1 and 5. Interim pre-arrest bail granted on 18.12.2025 to petitioner no. 1 Chand Miya and no. 5 Jabbar Ali @ Jabar Ali (aged persons who had appeared and whose statements were recorded) was not cancelled and stood made absolute, subject to cooperation with investigation and commission of no offence; the Case Diary was directed to be sent back.

Page No.# 1/4

GAHC010280472025

2026:GAU-AS:1511

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

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Case No. : AB/2988/2025

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CHAND MIYA AND 9 ORS. S/O SEKANDAR A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG, DIST. DARRANG, ASSAM

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2: AZAD ALI SON OF KASEM ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 3: HAZRAT ALI S/O SAHAJAL HOQUE A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 4: SANOWAR HUSSAIN S/O NABIR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 5: JABBAR ALI @ JABBAR ALI S/O BASA ALI A RESIDENT OF VILL NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM

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6: AREJ ALI

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Page No.# 2/4

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S/O CHAND MIYA A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 7: SUKKUR ALI @ SUKUR ALI S/O JABBAR ALI @ JABAR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 8: FARAJ ALI S/O CHAND MIYA A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG

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DIST. DARRANG ASSAM 9: OHED ALI S/O AFSAR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSAM 10: MAHED ALI S/O AFSAR ALI A RESIDENT OF VILL- NO. 1 MAGURMARI P.S. DARRANG DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S H ZAMAN,MR. S. ALOM

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 3/4

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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05.02.2026

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Heard Mr. M.A.I. Hussain, the learned counsel for the petitioners. Also heard Mr. D. Goswami, the learned Additional Public Prosecutor appearing on behalf of State respondent.

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This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioners in connection with Dhula P.S. Case No. 127 / 2025 under Sections 189(2) / 329(3) / 109 / 118(2) / 324(4) / 324(5) of Bharatiya Nyaya Sanhita, 2023.

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The case arose out of an FIR dated 15.11.2025 lodged by one Jalal Ali with the allegation that on 02.11.2025 at 02:00 PM, the 12 accused persons named in the FIR, including the present petitioners herein, came to their house armed with sharp weapons because of old quarrel, they attacked his father with sharp weapons and thereafter also assaulted the informant's sister-in-law, brother and another sister-in-law. It is alleged that they also assaulted his mother and his family members, as a result of the assault, they were severely injured and the condition of his father is serious. The petitioner no. 1 – Chand Miya and petitioner no. 5 Jabbar Ali @ Jabar Ali were granted interim pre-arrest bail on 18.12.2025, noticing that they are aged persons.

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The Case Diary has been received.

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Mr. Goswami, learned Additional Public Prosecutor submits that the implications revealed by the learned Trial Court also and the condition of his father is critical and he is battling for his life. One of the victims has supported

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the allegations about the assault upon him.

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Perused the medical reports available in the Case Diary.

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I find force in the contention of the prosecution that it may not be an appropriate case for grant of pre-arrest bail. However, I am not inclined to cancel the interim bail granted to the petitioner no. 1 – Chand Miya and the petitioner no. 5 - Jabbar Ali @ Jabar Ali, who have also appeared and their statements have also recorded. Their interim bail is hereby made absolute, subject to the condition that they shall cooperate with the investigation and shall not commit any illegal activities or offences.

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With regard to the other petitioners, this Court is constrained to reject their prayer for pre-arrest bail at this stage.

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The AB stands disposed of.

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Send back the Case Diary.

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JUDGE

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Comparing Assistant

Chand Miya and 9 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Chand Miya and 9 Ors. 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

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