Page No.# 1/3 GAHC010073742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./411/2025 SURESH SAH S/O- SRI SIB SAH R/O MISHRATALA MAHAMADA,NONIYA DIH P.O. MAHMADA, P.S. BARORAJ, DIST. MUZAFFARPUR, BIHAR. VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:KAMAL KR. SAH S/OLATE SOFICHAND SAH VILL-B.T. ROAD BONGAIGAON P.S. AND DIST. BONGAIGAON ASSAM PHONE NO. 9508741733 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 02.05.2025 Heard Mr. M. Khan, the learned counsel appearing for the petitioners. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of G.R. No.896/2016 pending in the court of learned Chief Judicial Magistrate (CJM), Bongaigaon. 3. The present petitioner Suresh Sah has been shown as an accused in the charge sheet in respect of G.R. No.896/2016. 4. In the charge sheet, the address of the petitioner has been shown as a resident of Bihar. Summons was issued to the address in Bihar. It may be stated that the petitioner works at Bongaigaon. His wife could not inform him about the service of notice. 5. For all those matters, the trial court had issued Non-bailable Warrant of Arrest (NBWA) and P&A against the present petitioner. The petitioner submits that he is interested in facing the trial and therefore, he should be given one opportunity to prove his innocence. 6. I have considered the submissions made by the learned counsel of both sides. 7. The petitioner has satisfactorily explained the reasons for his failure before the trial court in response to summons issued to him. Moreover, as the petitioner is Page No.# 3/3 interested in facing the trial, he deserves to be given adequate opportunity to that effect for the ends of justice. Therefore, his application is allowed. 8. All orders directing issue of Non-bailable Warrant of Arrest (NBWA) and P&A against the present petitioner Suresh Sah passed by the learned CJM, Bongaigaon, are set aside. 9. The above named petitioner is directed to appear before the court of learned CJM, Bongaigaon in respect of G.R. No.896/2016 within next 10(ten) days from today. On his appearance, the petitioner shall be allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned CJM, Bongaigaon. With the aforesaid direction, the present criminal petition stands disposed of. JUDGE Comparing Assistant