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Gias Uddin Barbhuiya And 4 Ors vs The State Of Assam on 5 March, 2020

Page No.# 1/2

GAHC010102942019

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

Case No. : AB 1418/2019

1:GIAS UDDIN BARBHUIYA AND 4 ORS.
S/O LATE TURFAN ALI, R/O VILL-DOBOKA, DIST-HOJAI, ASSAM, PIN-
782440

2: AFTAB UDDIN BARBHUIYA
S/O LATE TURFAN ALI
R/O VILL-DOBOKA
DIST-HOJAI
ASSAM
PIN-782440

3: JALAL UDDIN BARBHUIYA
S/O LATE TURFAN ALI
R/O VILL-DOBOKA
DIST-HOJAI
ASSAM
PIN-782440

4: JUBIER AHMED BARBHUIYA
S/O JALAL UDDIN BARBHUIYA
R/O VILL-DOBOKA
DIST-HOJAI
ASSAM
PIN-782440

5: MOSTAK AHMED BARBHUIYA
S/O AFTAB UDDIN BARBHUIYA
R/O VILL-DOBOKA
DIST-HOJAI
ASSAM
PIN-78244
Page No.# 2/2

VERSUS

1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR F HAQUE
Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

ORDER

Date : 05-03-2020

This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the
petitioners, namely, (1) Gias Uddin Barbhuiya (2) Aftab Uddin Barbhuiya (3) Jalal
Uddin Barbhuiya (4) Jubier Ahmed Barbhuiya and (5) Mostak Ahmed
Barbhuiya in connection with Doboka Police Station Case No. 126/2019 corresponding to
GR No.865/2019 registered under Sections 341 /323 /354 /294 /325/34 of the IPC.
Case diary produced has been perused.

Heard the learned counsel appearing for the petitioners and the learned Additional Public
Prosecutor, appearing for the State.

From the case diary it appears that there was a land disputed between the parties and due to
the mutual assault between the parties both the parties sustained some injury and cross FIR
is also filed by the petitioner’s side which has been registered as Daboka PS Case
No.127/2019. Nothing emerges to attract the offence under Section 354 IPC and other
offences are bailable.

Considering all entirety of the matter, the interim pre-arrest bail granted to the petitioners,
vide order dated 14-05-2019, is made absolute by this order with the same terms and
conditions.

The anticipatory bail application stands disposed of.
Return the case diary.

JUDGE

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