Page No.# 1/4 GAHC010166192025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1821/2025 OKI SK AND 7 ORS S/O LATE KADOR ALI R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA, ASSAM 2: MUSTAK ALI D/O LATE ATOR ALI R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA ASSAM 3: AMJED ALI S/O MOIJUDDIN SK. R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA ASSAM 4: ISMAIL HUSSAIN S/O LATE NEPASU SK. R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA ASSAM 5: AJIRUL HAQUE S/O KABIL HUSSAIN R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA ASSAM Page No.# 2/4 6: ZAKIR HUSSAIN S/O LT. IMAN ALI R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA ASSAM 7: RAKIB HUSSAIN S/OLATE IMAN ALI R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA ASSAM 8: SAHANUR ALI S/O LATE ABDUL MAJID R/O VILL- KALPANI (CHANDAMARI) P.S. AGIA DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 01.08.2025 1. Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. D. P. Gowsami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Oki Sk, 2. Mustak Ali, 3. Amjed Ali, 4. Ismail Hussain, 5. Page No.# 3/4 Ajirul Haque, 6. Zakir Hussain, 7. Rakib Hussain and 8. Sahanur Ali, who are apprehending their arrest in connection with PRC Case No. 954/2021 under Sections 143/353/338/333 of the Indian Penal Code read with Sections 13/14 of the Assam Game and Betting Act. 3. The learned counsel for the petitioners has submitted that the Trial Court has issued non-bailable warrant of arrest against the above named petitioners and the next date of appearance is fixed before the Trial Court tomorrow. The learned counsel for the petitioners has submitted that though the petitioners have received summons, however, as they have not arranged the bailer they defaulted in appearing before the Trial Court and now non-bailable warrant of arrest have been issued against them and, therefore, they are apprehending their arrest. 4. On the other hand, learned Additional Public Prosecutor submits that the petitioners may approach before the Trial Court and may pray for bail before the said Court. 5. I have considered the submissions made by the learned counsel for both sides. 6. It appears that the petitioners have defaulted in appearing before the Trial Court in spite of receiving summons from the said Court though they have stated reasons for the same before this Court, they could, however, appear before the Trial Court also and mention the reasons for default before the said Court. 7. It also appears that the maximum punishment for the offences involved in this case is not more than seven years, therefore, the Court which issued the non-bailable warrant of arrest against the petitioners is competent Page No.# 4/4 enough to consider and to grant bail to the petitioners if it thinks fit to do so as the PRC Case No. 954/2021 is listed before the Court of learned Additional Chief Judicial Magistrate, Goalpara tomorrow. 8. This anticipatory bail application is disposed of with a direction to the petitioners to appear before the said Court and after their appearance before the said Court on the date fixed, they may file a regular application for bail before the said Court, if so advised. 9. To facilitate the appearance of the petitioners before the Court of learned Additional Chief Judicial Magistrate, Goalpara on the date fixed tomorrow i.e., 2nd of August, 2025, the operation of the non-bailable warrant of arrest issued against them by the Trial Court shall remain suspended till tomorrow i.e., 02.08.2025. 10. This anticipatory bail application is accordingly disposed of. 11. Though the offence under Section 333 of the Indian Penal Code is triable exclusively by the Court of Sessions, however, as the maximum punishment provided for the said offence is only ten years the Court of learned Additional Chief Judicial Magistrate, Goalpara is competent to consider and to grant bail to the petitioners even for the said offence if it finds fit to do so under the facts and circumstances of this case. JUDGE Comparing Assistant