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2025 Supreme(Gau) 2328

HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Mahbubul Hoque, S/O Late Ibrahim Ali – Appellant
Versus
State Of Assam Represented By The Pp – Respondent


Advocates Appeared:
For the Petitioner: Mr. A M Bora, Ms. C Choudhury,Mr. D K Baidya,Mr. V A Chowdhury
For the Respondent: Mr. M. Phukan, Public Prosecutor, Assam

ORDER :

Parthivjyoti Saikia, J.

Heard Mr. A.M. Bora, learned senior counsel assisted by Mr. D.K. Baidya, learned counsel appearing for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, State of Assam.

2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Mahbubul Hoque has prayed for releasing him on bail after he was arrested in connection with Patharkandi P.S. Case No.54/2025.

3. On 21.02.2025, police lodged an FIR before Patharkandi Police Station with the below mentioned allegations –

i. On 21.02.2025, 274 students appeared at Central Public School, Patharkandi for writing the Physics Paper of 12th Standard CBSE Examination. This Central Public School, Patharkandi is an institution run by E.R.D. Foundation based at Guwahati. This E.R.D. Foundation is run by USTM.

ii. Out of the aforesaid 274 students, 15 were from Adarsha Vidyalaya, Patharkandi and 45 of them are from Central Public School, Patharkandi. The remaining 214 students were enrolled in Central Public School, but they never attended any classes in that school. In fact, under the Vision 50 Programme, they were attending classes at USTM, Guwahati. This Vision 50 Programme was

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