Sakir Hussain and 3 Ors. Vs the State of Assam

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GAHC010000582026

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2026:GAU-AS:1639

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

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Case No. : AB/58/2026

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SAKIR HUSSAIN AND 3 ORS. S/OLATE MINAL HOQUE R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131

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2: SAIDUL ISLAM S/O LATE MINAL HOQUE R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131

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3: REZAUL ISLAM @ RIJABUL S/O LATE AYNAL HOQUE R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131

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4: LAL BABU @ NAL BABU S/O LATE ABDUL HASHEM R/O VILL- JHOWDANGA PUBERGAONP.O. JHOWDANGA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS

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THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM

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Advocate for the Petitioner : MR. M ISLAM,

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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07.02.2026

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1. Heard Mr. M. Islam, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

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2. This is an application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, Sakir Hussain, Saidul Islam, Rezaul Islam @ Rijabul and Lal Babu @ Nal Babu, seeking pre-arrest bail in connection with PRC Case No. 342/2024 registered under Sections 147/148/149/326/307/354 of IPC, arising out of Mankachar P.S Case No.407/2013.

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3. The charge-sheet has already been submitted showing the present petitioners as absconders. Subsequently, NBWA has been issued against the petitioners.

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4. It is submitted that since the case is sessions triable, the petitioners apprehend that upon their appearance, they will be

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remanded to custody.

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5. As far as the facts of the case are concerned, it is alleged that in the course of an altercation, the petitioners assaulted the informant’s side with sharp weapons causing serious injuries.

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6. Discharge certificate available in the TCR in respect of one injured person which indicates that he sustained a head injury and was hospitalized for three days after which he was discharged but there is no indication that the injury was grievous in nature.

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7. Having regard to the nature of the allegations and considering the fact that the investigation is now over, it would appear that it is not necessary that the petitioners be taken into custody for the purpose of the trial.

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8. The learned counsel for the petitioner has relied upon a decision of the Apex Court in Mahdoom Bava Vs. CBI, reported in 2023 SCC Online SC 299, wherein after considering the facts of the case, the Court had held that the appellants therein were entitled to be released on bail.

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9. Having considered the facts and circumstances of the present case, I am of the view that the petitioners are entitled to be released on bail in the event of the Court choosing to remand them to custody when they appear before the said Court.

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10. Accordingly, it is directed that the petitioners shall appear before the learned trial court on the next date fixed and upon such appearance, they shall be released on bail upon such terms and conditions as may be imposed by the learned court below.

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11. Accordingly, the anticipatory bail petition is allowed and

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disposed of.

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JUDGE

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Sakir Hussain and 3 Ors. v. the State of Assam

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Sakir Hussain and 3 Ors. v. the State of Assam

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