Page No.# 1/3 GAHC010020932025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/233/2025 MOZIBOR RAHMAN AND 5 ORS. S/O DARAJULLAH SEEIKH RO KUCHNIMARA , PS MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM 2: HOW @ HOW SK S/O DARAJULLAH SHEIKH R/O KUCHNIMARA PS MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM 3: MUNESER ALI R/O KUCHNIMARA PS MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM 4: KALAM ALI R/O KUCHNIMARA PS MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM 5: ISA HOQUE S/O KHERTIULLAH R/O KUCHNIMARA PS MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM 6: ZINNAT ALI R/O KUCHNIMARA PS MANKACHAR Page No.# 2/3 DIST. SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.02.2025 Heard Mr. M. Ahmed, the learned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam representing the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of PRC No.469/2024 pending in the court of Judicial Magistrate First Class, Hatsingimari. 3. The petitioners are shown as absconders in a charge sheet where the allegations against them are sessions triable. 4. The learned JMFC, issued summonses to them. Now, they apprehend that if they appear before the learned JMFC, Hatsingimari, they shall be remanded to custody as the said court does not have the jurisdiction to entertain their bail application. Page No.# 3/3 4. Mr. Ahmed submits that the petitioners have a good case for themselves and they want to face the trial. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioners are interested in facing the trial, this Court is of the opinion that they deserve to be given an opportunity to contest the case. 7. It is directed that the petitioner, namely- (1) Mozibor Rahman, (2) How @ How Sk, (3)Munser Ali, (4) Kalam Ali, (5) Isa Hoque and (6) Zinnat Ali shall appear before the court below/trial court and on their appearance before the JMFC, Hatsingimari in connection with PRC No.469/2024, the above named petitioners shall be allowed to go on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the said court [JMFC, Hatsingimari]. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant