Page No.# 1/3 GAHC010113572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./623/2025 SAROJ MANDAL S/O BACHELAL MANDAL R/O VILL- SONAI, UTTANWARI TOLA, P.S. KHIRHAR, DIST. MADHUBANI BIHAR, PRESENTLY RESIDENT OF ADABARI NEAR SBI GHY-781001, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ASISWAR RAUT S/O SRI JIBECH RAUT R/O HOUSE NO. 16 DEVI SINGH LANE MANIPURI BASTI P.O. GUWAHATI-781007 DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR J C GAUR, MR. U C DAS,U AGARWAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 30.05.2025 Heard Mr. J.C. Gaur, the learned counsel appearing for the petitioner. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of N.I. Case No.4839 C of 2018 pending in the court of learned Chief Judicial Magistrate, Kamrup(M), Guwahati, Assam. 3. The petitioner being the accused before the trial court was in Delhi and therefore, he could not receive any summons sent to him though his original residence is at Guwahati. Later on, he came to know that the trial court had directed issue of Non-Bailable Warrant of Arrest as well as P&A against him. 4. Now, the petitioner submits that he is interested in facing the trial and he should be given an opportunity to that effect. 5. I have heard the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. 7. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest as well as P&A against the present petitioner Sri Saroj Mandal by the learned Chief Judicial Magistrate, Kamrup(M), Guwahati in N.I. Case No.4839 C of 2018, are set aside. If any Non-Bailable Warrant of Arrest as well as P&A has been issued, in the meantime, shall be recalled. Page No.# 3/3 8. The petitioner Sri Saroj Mandal is directed to appear before the court of learned Chief Judicial Magistrate, Kamrup(M), Guwahati, Assam in N.I. Case No.4839 C of 2018 within next 10(ten) days from today. On his appearance, he shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the said authority i.e. the Chief Judicial Magistrate, Kamrup(M), Guwahati, Assam. With the above direction, the present Criminal petition is disposed of. JUDGE Comparing Assistant