Page No.# 1/3 GAHC010055642025 2025:GAU-AS:5253 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./340/2025 MD MOSTAFIZUR ROHOMAN @ MUSTAFIJUR RAHMAN AND ANR S/O- SORMAN ALI R/O VILL- PECHARKANDI,P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM 2: MOYDUL ISLAM @ MOYDUL ISLAM AHMED S/O ZIADUL ISLAM AHMED R/O VILL- PECHARKANDI P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SAIDUR RAHMAN S/O HABIBAR RAHMAN VILL- CHANDIAGAON (SALAKATI) P.O. SALAKATI DIST. KOKAJHAR (BTAD) ASSAM PI-783369 PHONE NO. 739938024 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR. A BURAGOHAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.04.2025 Heard Mr. M. Khan, learned counsel appearing for the petitioners and Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2) This application has been filed under Section 528 of the BNSS, 2023 challenging the orders passed by the learned Chief Judicial Magistrate, Kokrajhar in PRC Case No. 58/2021 directing issue of Non-Bailable Warrant of Arrest (NBWA) and P&A against the 2 present petitioners. 3) The petitioners Md. Mostafizur Rohoman @ Mustafijur Rahman and Moydul Islam @ Moydul Islam Ahmed were facing trial before the Court below. 4) It has been submitted that the petitioners are manual labors and they have to go to Chennai in search of work. Therefore, they could not appear before the learned Trial Court on some dates. 5) Both of them have submitted that they are interested in facing the trial and they should be given adequate opportunity to defend themselves in the Trial Court. 6) I have considered the submissions made by the learned counsels of both sides. 7) Since the petitioners are interested in facing the trial, they deserve to be given one opportunity to that effect. Therefore, all orders directing issuance of NBWA as well as P&A against these two petitioners by the learned Chief Judicial Magistrate, Kokrajhar in PRC Case No. 58/2021 are set aside. 8) Both the petitioners Md. Mostafizur Rohoman @ Mustafijur Rahman and Moydul Islam @ Moydul Islam Ahmed are directed to appear before the learned Chief Judicial Magistrate, Kokrajhar in respect of PRC Case No. 58/2021 within next 10 days from today. 9) On their appearance, both of them shall be released on fresh bail of Rs. 20,000/- Page No.# 3/3 each, with a surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar. 10) With the aforesaid direction, this criminal petition is disposed of. JUDGE Comparing Assistant