Page No.# 1/3 GAHC010052402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./302/2025 SURESH SAH S/O SIB SAH R/OVILL-MISITALA MAMADA, P.O.NUNIADI P.S. BARORAJ, DIST.MUZAFFARPUR, BIHAR. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:KAMAL KR SAH S/O LATE SAKICHAND SAH R/O B.T. ROAD BONGAIGAON P.S. AND DIST. BONGAIGAON ASSAM PIN- 78338 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2025 1. Heard Mr. N. Mahajan, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the Orders issued warrant of arrest against the present petitioner by the learned Chief Judicial Magistrate, Bongaigaon in respect of G.R. Warrant No.896/2016. 3. The learned counsel for the petitioner submits that the summons issued to the petitioner was served upon the petitioner’s wife and it was not proper service of notice in accordance with the procedure laid down by law. 4. I have considered the submissions made by learned counsel for both the sides. 5. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. 6. Therefore the application is allowed. 7. All the Orders directing issue warrant of arrest against the present petitioner by the learned Chief Judicial Magistrate, Bongaigaon in respect of G.R. Warrant No.896/2016 are set aside. 8. The petitioner Suresh Sah is directed to appear before the learned Chief Judicial Magistrate, Bongaigaon in respect of G.R. Warrant No.896/2016 within next 10(ten) days. 9. On his appearance, the petitioner shall be released on bail of Rs.25,000/- with a Page No.# 3/3 surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon. 10. After appearance of the petitioner, the Trial Court shall try to dispose of the case expeditiously. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant