Page No.# 1/3 GAHC010256742025 2025:GAU-AS:15763 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1435/2025 SUBAL BISWAS AND 3 ORS. S/O- LT. THAKURMANI BISWAS, A RESIDENT OF VILL.- KATHALPUR, P.S.- HOJAI, DIST.- HOJAI, ASSAM. 2: ANJU BISWAS S/O- LATE PADMANI A RESIDENT OF VILL.- KATHALPUR P.S.- HOJAI DIST.- HOJAI ASSAM. 3: JATINDRA BISWAS S/O- LT. JAMINI BISWAS A RESIDENT OF VILL.- KATHALPUR P.S.- HOJAI DIST.- HOJAI ASSAM. 4: SHUKLADIP BISWAS S/O- JATINDRA BISWAS A RESIDENT OF VILL.- KATHALPUR P.S.- HOJAI DIST.- HOJAI ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S. ALOM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.11.2025 Heard Mr. M. A. I. Hussain, learned Counsel appearing for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS 2023 in respect of PRC No. 389/2020 pending in the Court of the Sub-divisional Judicial Magistrate, Hojai Sankardev Nagar. 3. The petitioners, namely, (i) Subal Biswas, (ii) Anju Biswas, (iii) Jatindra Biswas and (iv) Shukladip Biswas, are shown as absconder in the Charge Sheet. They now apprehend that, if they appear before the Court of the Learned Sub- divisional Judicial Magistrate, Hojai, they would be remanded to custody because this Court does not lack jurisdiction to entertain their bail application. 4. The petitioners have submitted that they are interested in facing the trial, therefore, they deserve to be given adequate opportunity to them. 5. Mr. Lahkar, learned Additional Public Prosecutor for the State of Assam has objected to this bail application. 6. I have considered the submissions made by the learned counsels for both Page No.# 3/3 sides. 7. Since the petitioners are interested in facing the trial, they deserve to be given adequate opportunity to that effect. 8. Therefore, their prayer is allowed. 9. The petitioners, namely, (i) Subal Biswas, (ii) Anju Biswas, (iii) Jatindra Biswas and (iv) Shukladip Biswas are directed to appear before the Court of the Learned Sub-Divisional Judicial Magistrate, Hojai, in connection with PRC No. 389/2020 within next 7 (seven) days from today and on their appearance, they shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) each with a surety of the like amount to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Hojai, Sankardev Nagar. 10. With the aforesaid directions the criminal petition is accordingly disposed off. JUDGE Comparing Assistant