Gauhati High Court

Bail Appln./2356/2026 of BILLAL HUSSAIN Vs THE STATE OF ASSAM on 27 August 2026

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GAHC010172952026 2026:GAU-AS:12426 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2356/2026 BILLAL HUSSAIN S/O LATE LALMIAH LAL MIA, RESIDENT OF VILLAGE NICHUKA, P.O. KALHABHANGA, P.S. BARPETA ROAD, DISTRICT BARPETA, ASSAM, PIN

GAHC010172952026

2026:GAU-AS:12426

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./2356/2026

BILLAL HUSSAIN

S/O LATE LALMIAH LAL MIA, RESIDENT OF VILLAGE NICHUKA, P.O.

KALHABHANGA, P.S. BARPETA ROAD, DISTRICT BARPETA, ASSAM, PIN

781315.

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR. K M HASSAN, MR. A HUSSAIN

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

28.08.2026 Heard Mr. K. M. Hassan, learned counsel appearing for the petitioner as well as Mr. P. Borthakur, learned Additional Public Prosecutor, Assam.

2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Billal Hussain, has prayed for bail in connection with GR Case No. 2778/12 pending before the court of the learned JMFC, Barpeta arising out of Sorbhog

PS Case No. 198/2012 u/s 147 /148 /149 /323/ 379 /427 /307 IPC.

3. It is submitted by the learned counsel for the petitioner that due to failure of the petitioner to appear, NBWA was issued, on the strength of which he was arrested and upon production remanded to judicial custody vide order dated 14/5/2026.

4. The learned counsel submits that the petitioner is facing another case being GR case No. 2524 of 2012 before the same court and in which he has been appearing regularly. However, due to some communication gap with the engaged counsel in the present case, i.e. GR No. 2778 of 2012, he failed to appear on some dates, pursuant to which the warrant came to be issued resulting in his arrest and present custody.

5. It is submitted on behalf of the petitioner that he has no intention of absconding and he shall appear before the learned court below and cooperate with the trial. He is in custody since 13.05.2026.

6. I have also heard the learned Additional Public Prosecutor and perused the relevant materials.

7. In the given facts and circumstances it is provided that the accused petitioner named above, shall be released on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner:

(a) shall appear before the learned court below on next and subsequent dates; (b) shall be available for the trial, if one commences; (b) shall not hamper or tamper with evidence;

8. Violation of the bail conditions will entail cancellation of the bail petition.

9. In view of the above, this bail application stands allowed and disposed of.

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