Page No.# 1/3 GAHC010090142025 2025:GAU-AS:5252 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./493/2025 BIRAJ MIRDHA @ VIRAJ MEDHA S/O SENDHWAR MEDHA R/O TAPAHULA , PS JAKHALABHANDHA , DIST NAGAON ,ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SRI KALYAN SAIKIA S/O LT ANANDRA SAIKIA FOREST BEAT OFFICER SILGHAT Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.04.2025 Heard Mr. S. M. Abdullah P, learned counsel appearing for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2) This is an application under Section 528 of the BNSS, 2023 challenging the order dated 06.02.2025 passed by the learned Judicial Magistrate First Class, Kaliabor, Nagaon in PRC Case No. 272/2024. 3) On 06.02.2025, the petitioner could not appear before the learned Trial Court because of the death of his near relative. 4) The learned Trial Court did not accept the said plea of the petitioner and directed issuance of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner. 5) The petitioner, along with some other persons were found loitering inside a restricted forest area. As they were in possession of fire arms, one forest officer had lodged the FIR alleging the said facts. 6) Ultimately, the case was charge sheeted under Sections 120(B)/447/379/511 of the IPC read with Section 25(1-A) of the Arms Act. 7) When the learned Trial Court issued summons to the accused, including the present petitioner, the petitioner could not appear because of the death of his near relatives. His lawyer filed an application on his behalf stating the aforesaid ground, but the learned Trial Court did not accept the said ground and directed the issuance of NBWA against the petitioner. 8) I have considered the submissions made by the learned counsels of both sides. 9) Before issuing Non-Bailable Warrant of Arrest (NBWA) against a person, the Trail Court has to exercise judicial mind. However, it appears that in the case in hand, the learned Trial Court failed to do that. Therefore, the interim order is bad in law. Page No.# 3/3 10) The order dated 06.02.2025 passed in PRC Case No. 272/2024 directing the issue of NBWA against the present petitioner Biraj Mirdha @ Viraj Medha is set aside. 11) The petitioner is directed to appear before the learned Trial Court on 15.05.2025. 12) On his appearance, he shall be allowed to go on fresh bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Kaliabor, Nagaon. 13) With the aforesaid direction, this criminal petition is disposed of. JUDGE Comparing Assistant