Khandakar Sofiur Rahman v. The State of Assam

ORDER Date : 25.09.2024 Heard Mr. M.U. Mahmud as well as Mr. A. Ahmed, learned counsels for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam.

¶2Since both the bail application arises out of the same FIR, all the two bail applications are taken up together for disposal by this common order.

¶3These applications are filed under Sections 482 & 483 of the BNSS, 2023 seeking pre-arrest bail, regular bail in respect of Bijni P.S. Case No. 120/2024.

¶4The petitioners, Lal Bhanu and Khandakar Sofiur Rahman are accused of murdering the younger brother of the informant. The trial court convicted them and after filing of the appeal before this Court, this Court allowed both of them to go on bail. Thereafter, the informant lodged an FIR before police alleging that the petitioners, Lal Bhanu and Khandakar Sofiur Rahman had assaulted his 17 year old nephew on the road.

¶5It is further alleged that on 29.08.2024 at about 10.30 AM, while the informant was going towards Bijni, the petitioners Lal Bhanu and Khandakar Sofiur Rahman travelling in a vehicle bearing registration No. AS-18J-6390 tried to knock down the motorcycle of the informant with an intention to kill him.

¶6Mr. Mahmud has submitted that since the petitioners, Lal Bhanu and Khandakar Sofiur Page No.# 3/3 Rahman have been released on bail by this Court, the informant has lodged the FIR with a concocted story.

¶7Mr. Ahmed has submitted that because of the said incident, the informant sustained some injuries. According to Mr. Ahmed, there was no intention to commit murder.

¶8I have considered the submissions made by the learned counsels of both sides.

¶9The petitioner, Khandakar Sofiur Rahman has already spent 26 days in judicial custody. This Court is of the opinion that under the given circumstances of the case, he no longer deserves to be detained in custody. Therefore, his bail application is allowed.

¶10The petitioner, Khandakar Sofiur Rahman is allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned SDJM (M), Bijni, Chirang.

¶11The bail prayer of the petitioners, Lal Bhanu and Rafiqul Islam are also allowed.

¶12It is hereby directed that in the event of arrest in connection with Bijni P.S. Case No. 120/2024, the petitioners, Lal Bhanu and Rafiqul Islam shall be released on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶13Both the petitioners, Lal Bhanu and Rafiqul Islam are directed to appear before the Investigating Officer within next 10 days from today. With the aforesaid direction, both the bail applications are disposed of. The CD (s) shall be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010184112024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2710/2024 KHANDAKAR SOFIUR RAHMAN S/O AKHER ALI KHANDAKAR, R/O VILL- NO. 1 BHANDARA, P.O.- BHANDARA BAZAR, P.S.-MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN CODE-783390 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MS. D BORA,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2443/2024 LAL BHANU AND ANR D/O LATE TAHID ALI R/O AOLAGURI P.S.MANIKPUR DIST. BONGAIGAON ASSAM 2: RAFIQUL ISLAM S/O LATE TAHID ALI R/O AOLAGURI P.S.MANIKPUR DIST. BONGAIGAON ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA