Gauhati High Court
BA/34/2026 of Mahendar Patir Vs The State of AP on 2 July 2026
GAHC040005532026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/34/2026 Mahendar Patir Son of Late Tingali Patir, a resident of No.3 Gadangar Chuk, VTC No.2 Gardangar Chuk, PO Ga Dangar Chuk, PS Ghilamara, Sub District
GAHC040005532026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : BA/34/2026
Mahendar Patir
Son of Late Tingali Patir, a resident of No.3 Gadangar Chuk, VTC No.2 Gardangar Chuk, PO Ga Dangar Chuk, PS Ghilamara, Sub District Subansiri (Part-I), Lakhimpur District, Assam. 787053
VERSUS
The State of AP
represented by the PP of AP
Advocate for the Petitioner : Tabit Tapak, T Tabing,Aso Dalbong,Bebeng Siboh Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MR. JUSTICE BUDI HABUNG
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ORDER
03.07.2026
Heard Mr. T. Tabing, learned counsel for the petitioner and Mr. D. Loyi, learned Public Prosecutor for the State.
2. The petitioner is stated to be the paternal uncle of the accused who has been arrested in connection with Nirjuli P.S. Case No. 95/2025 registered under
Section 117 (3) of BNS, 2023 corresponding to G. R. Case No.1021/2025.
3. It is submitted that earlier the bail application moved before the learned Sessions Judge, Yupia for release of the accused came to be rejected on 07.04.2026 and this is the subsequent bail application seeking for grant of bail to the accused on the following grounds (i) that the investigation of the case has already been completed; (ii) the Police has already submitted the case into charge sheet; (iii) the trial of the case is yet to begin which may take longer time; and (iv) the accused has been inside the custody for about 223 day. For the above reasons, it is submitted that the accused cannot be detained for indefinite period before the conviction and that it would amount to free trial punishment.
4. On the other hand, Mr. Loyi, learned Public Prosecutor submits that the allegation against the accused is serious in nature. Although after investigation, the case has been submitted into charge sheet, however, the statement of the victim could not be recorded as the victim is still under vegetative state incapable of giving any statement.
5. The learned Public Prosecutor submits that in view of the above, the I.O. of the case has kept open for filing of supplementary charge sheet after recording the statement of the victim. Referring to the record, the learned PP further submits that prima facie there are sufficient incriminating materials available against the accused indicating that he had committed the alleged offence.
6. The learned Public Prosecutor further submits that if the accused is released on bail, at this stage, there is every possibility that he may influence the witnesses and the evidence of the case. Therefore, he vehemently raised objection to the grant of bail to the accused.
7. Heard the learned counsel for both the parties and also perused the record.
8. The record reveals prima facie there is sufficient incriminating materials found against the accused. The eye witness has clearly implicated against the accused for commission of the alleged offence and furthermore, due to the grievous injury caused by the accused, the victim is still under the vegetative state incapable of giving any statement.
9. Considering the seriousness of the allegation made against the accused and also considering that prima facie materials available against the accused for the commission of the alleged offence, this Court is not inclined to grant bail to the accused, at this stage. Accordingly, the same stands rejected.
JUDGE CHECKED & VERIFIED Digitally signed by Talom Tali Date: 2026.07.03 19:22:34 +05'30'