Page No.# 1/3 vs The State Of Assam on 19 July, 2025

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 19 July, 2025

                                                             Page No.# 1/3

GAHC010151922025




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

                                   Case No. : AB/1633/2025

            SAPAT RABHA ALIAS SAPAR CHANDRA RABHA AND ANR
            SON OF LATE ADURAM RABHA
            RESIDENT OF VILL- MADATI PART-II,
            P.S. KAZIGAON,
            DIST. KOKRAJHAR, ASSAM.

            2: POTHESWAR RABHA ALIAS PARTHESHWAR RABHA
             S/O LATE UJIL RABHA
            RESIDENT OF VILL- MADATI PART-II
             P.S. KAZIGAON
             DIST. KOKRAJHAR
            ASSAM

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner   : MR. A DAS,

Advocate for the Respondent : PP, ASSAM,
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                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 19-07-2025

1. Heard Mr. A. Das, learned counsel for the petitioners. Also heard Mr. D. P.
Goswami, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of the BNSS, 2023 has been filed by
the petitioners, namely, Sapat Rabha @ Sapar Chandra Rabha and Potheswar
Rabha @ Partheshwar Rabha who are apprehending their arrest in connection with
Special Witch Hunting Case No. 2/2024 corresponding to Kozigaon P.S. Case No.
10/2019 under Sections 120(B)/447/342/325/307/302 of IPC read with Sections
4/5/7/9 of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act,
2015.

3. The learned counsel for the petitioners has submitted that both the
petitioners are aged about more than 80 years and they were not arrested during
the course of investigation though they have co-operated in the investigation. He
further submits that the Trial Court had issued summons to both of them and on
03.06.2025 the engaged counsel for the petitioner filed an application before the
Trial Court showing cause of their absence and praying another date for their
appearance which has been allowed and the next date is fixed on 30.07.2025.

4. The learned counsel for the petitioners submits that they apprehend that
on their appearance before the Trial Court it may send them to custody. It appears
from the record that the case is pending before the Court of learned Special Judge,
Kokrajhar who has no embargo in considering and granting bail to the petitioners if
the case is found fit to be granted bail to them.

5. It also appears that the Trial Court has only issued summons to them even
their prayer for adjournment was granted on last occasion i.e., 03.06.2025 there
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appears to be no legal basis which has caused the apprehension in the mind of the
petitioners that they will be arrested if they appear before the Trial Court.

6. This anticipatory bail application is devoid of any merit and same is
accordingly disposed of with an observation that the petitioners may appear before
the Trial Court on the next date fixed i.e., on 30.07.2025 and on their appearance
they may file regular bail application before the said Court, if so advised.

JUDGE

Comparing Assistant