Page No.# 1/3 GAHC010076652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./428/2025 BINAY DEKA S/O SRI HONIRAM DEKA, R/O VILL-NO. 2 MURKONG SELEK, P.S.SARUPATHAR, DIST. GOLAGHAT ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BITUPAN BORA SON OF BHOGESWAR BORA VILL- NO. 1 BONPORA GAON P.S. SARUPATHAR DIST. GOLAGHAT ASSA Advocate for the Petitioner : MR. B HALDAR, MR B KARDONG,MS S. BASAK Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.04.2025 Heard Mr. B Haldar, the learned counsel appearing for the petitioner. Also heard Ms S.H. Borah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application filed under Section 528 of the BNSS, 2023 in respect of PRC Case No.770/2019 relating to G.R. Case No. 1476/2018 arising out of Narayanpur P.S. Case No. 114/2018. 3. The petitioner has been shown as an absconder in the charge sheet, which alleges commission of Sessions’ triable offence. The petitioner apprehends that if he appears before the court of the learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur, he will be remanded to custody because that court has no jurisdiction to entertain his bail application. 4. Mr. Haldar submits that the petitioner is interested in facing the trial. 5. I have considered the submissions made by the learned counsels of both sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given an opportunity to that effect. 7. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Sri Binay Deka in respect of PRC Case No.770/2019 relating to G.R. Case No. 1476/2018 arising out of Narayanpur P.S. Case No. 114/2018 are set aside. 8. It is hereby directed that within next 15 days the petitioner Sri Binay Deka shall appear before the court of the learned Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur in respect of PRC Case No.770/2019 relating to G.R. Case No. 1476/2018 arising out of Narayanpur P.S. Case No. 114/2018. On his appearance, the petitioner Sri Binay Deka shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Page No.# 3/3 Judicial Magistrate 1st Class, Lakhimpur, North Lakhimpur. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant