Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 13 February, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/3
GAHC010028422025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/297/2025
BHARKHANG BASUMATARY @ BILIFANG NARZARY AND 3 ORS.
S/O AMARENDRA NARZARY
RESIDENT OF BORO BHATARMARI, P.S., P.O. AND DISTRICT KOKRAJHAR,
ASSAM
PIN-783370
2: TIUTANG MUSHAHARY
S/O LOKENDRA MUSHAHARY
VILLAGE OUGURI
PO JHARBARI
PS SERFANGURI
DIST KOKRAJHAR
BTR
ASSAM
3: MONIRAJ BRAHMA @ MANIRAJ MASHAHARY
S/O HARENDRA MUSHAHARY
VILLAGE SWMDWNPURI
PO PS KOKRAJHAR
DIST KOKRAJHAR BTR
ASSAM
4: ALAKESH BASUMATARY @ ALAKESH BRAHMA
S/O RAMKANTA BRAHMA
VILLAGE- KAZIGAON
PO
PS KAZIGAON DIST KOKRAJHAR
BTR
ASSA
VERSUS
THE STATE OF ASSAM
Page No.# 2/3
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A LAL, B C SANGTAM,M K DEB,MR A BRAHMA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 13.02.2025 Heard Mr. A. Lal, the learned counsel appearing for the petitioners as well as Mr.RR Kaushik, the learned Additional Public Prosecutor for the State of Assam.
Call for the case diary.
Heard the learned counsel of both sides in the matter of prayer for an interim protection.
On 08.01.2025, at about 2 AM, the petitioner Moniraj Brahma@ Maniraj Mashahary was assaulted by some people. As a result of which, he sustained grievous injuries. Therefore, the Petitioner Bharkhang Basumatary @ Bilifang Narzary called those boys to have a settlement. It is alleged that those boys were violent and they again assaulted Moniraj Brahma@ Maniraj Mashahary & Bharkhang Basumatary @ Bilifang Narzary. Both of them sustained grievous injuries like fracture and loss of teeth. Narrating the aforesaid fact, an FIR was lodged. After 4 (four) days of the incident, the informant Barunindra Brhama lodged an FIR alleging that the present petitioners had tried to kill them.
After considering the facts and circumstances relating to the case, this Court is of the opinion that the petitioners are entitled to an interim protection.
Therefore, as an interim measure, it is hereby directed that in the event of arrest in connection with Kokrajhar P.S. Case No. 13/2025, the petitioners, 1. Bharkhang Basumatary @ Bilifang Narzary, 2. Tiutang Mushahary, 3. Moniraj Brahma@ Maniraj Mashahary & 4. Alakesh Basumatary @ Alakesh Brahma shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority.
Page No.# 3/3 All the four petitioners shall appear before the Investigating Officer within next 10[ten] days from today.
List this matter again on 11.03.2025 for production of the case diary.
JUDGE Comparing Assistant