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2025 DAILYLAW 11262 (GAU)

MANORANJAN RAY v. THE STATE OF ASSAM AND ANR.

Crl.Pet./469/2025 · 2025-04-23

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010086032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./469/2025 MANORANJAN RAY S/O SRI KRISHNA KT.RAY VILLAGE- MOWAMARI PT-II, P.S KAZIGAON, DIST KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:SRI BARDAN DAHANGA S/O LATE NIAR DAHANGA VILL-CHALANGPATHER P.O. CHALANGPATHER P.S. MERAPANI DIST. GOLAGHAT ASSAM PIN-78570 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.04.2025 1. Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the orders directed non-bailable warrant of arrest against the petitioner passed by the Court of the learned Judicial Magistrate First Class, Golaghat in PRC Case No.591/2020. 3. The learned counsel for the petitioner submits that the petitioner is originally belongs to the district of Kokrajhar and he went to his native village and because of loss of communication of his lawyer, he could not appear before the Trial Court and for that reason issued of non-bailable warrant of arrest and Proclamation & Attachment issued against him. 4. I have considered the submissions made by learned counsel for both the sides. 5. The grounds shown by the petitioner seems to be satisfactory. 6. Therefore the application is allowed. 7. Therefore, all orders directing non-bailable warrant of arrest and Proclamation & Attachment against the present petitioner Manoranjan Ray by the Court of the learned Judicial Magistrate First Class, Golaghat in PRC Case No.591/2020 are set aside. 8. The petitioner Manoranjan Ray is directed to appear before the Trial Court at Page No.# 3/3 Golaghat tomorrow, i.e. on 25.04.2025. 9. On his appearance the petitioner shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Golaghat. 10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant