Page No.# 1/3 GAHC010207502025 2025:GAU-AS:12578 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1141/2025 SAMIRAN SAIKIA AND ANR SON OF LATE JATIN SAIKIA RESIDENT OF VIL- BAPAKHAT P.O. PHUKANARHAT, PIN-787052, P.S. PANIGAON, DIST. LAKHIMPUR, ASSAM 2: SHRI RANJAN KR. GIRI SON OF SHRI BAIJNATH GIRI R/O VILL- PANIGAON CHARIALI P.O. PHUKANARHAT PIN-787052 P.S. PANIGAON DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. P BORDOLOI, MR. D N BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.09.2025 1) Heard Mr. P. Bordoloi, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam. 2) This application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, Samiran Saikia and Ranjan Kr. Giri impugning the Order dated 28.07.2025, passed by the learned Sessions Judge, Biswanath in Sessions Case No.126/2024, whereby non-bailable warrant of arrest were issued against the petitioners. 3) Learned counsel for the petitioners has submitted that the petitioners are facing trial under Sections 342/364 (A)/34 of the Indian Penal Code. 4) Learned counsel for the petitioners has submitted that the petitioners received summons in the aforesaid case and had engaged their counsel, who filed an application before the Trial Court showing the cause of their absence on 28.07.2025, however, the Court of learned Sessions Judge, Biswanath rejected the said application and issued non-bailable warrant of arrest. 5) Learned counsel for the petitioners has submitted that the petitioners were arrested in connection with this case and during the course of investigation, they were also allowed to go on bail. He submits that that the petitioners could not appear before the Trial Court on 28.07.2025, due to some medical conditions and have engaged the counsel, who had filed Petition No.2098/2025, showing cause of absence of the petitioners before the Court, however the same was rejected. 6) Learned counsel for the petitioners submits that the next date of this Page No.# 3/3 case is fixed on 23.09.2025 and the petitioners are ready and willing to appear before the Trial Court on the said date. However, they are apprehending that since it is pending for non-bailable warrant of arrest, they may be arrested at any day. 7) I have considered the submissions made by learned counsel for both sides. 8) Considering the facts and circumstances of this case as well as considering the fact that the petitioners are ready and willing to face the trial and co-operate in the Trial. 9) This Criminal Petition is disposed of with a direction to both the petitioners to appear before the Court of learned Sessions Judge, Biswanath in Sessions Case No.126/2024, on the next date fixed, i.e., on 23.09.2025 to facilitate their appearance before the Trial Court. The non-bialable warrant of arrest issued against them by the Trial Court shall remain suspended till that day. 10) On their appearance before the Trial Court, the petitioners may seek any appropriate relief to which they are entitled to. 11) This Criminal Revision Petition is disposed of. JUDGE Comparing Assistant