Page No.# 1/3 GAHC010166512026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1113/2026 SHRI RANJIT KHATANIAR SON OF SRI DEBEN KHATANIAR, RESIDENT OF VILLAGE BHOTANTA MOHITARA, POLICE STATION- PATACHARKUCHI, POST OFFICE- BHOTANTA MOHITARA, DISTRICT-BAJALI, ASSAM PIN-781325 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SHRI NITUL DAS SON OF CHARU DAS RESIDENT OF VILLAGE PATHSALA TOWN WARD NO. 3 POST OFFICE- PATHSALA POLICE STATION-PATACHARKUCHI DISTRICT- BAJALI ASSAM PIN-78132 Advocate for the Petitioner : MR. T DEURI, MS. P KONWAR,MS. L WANGSA,MRS. R S DEURI,MD A RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 11.08.2026 Heard Mr. T. Deuri, learned counsel for the petitioner and Mr. P. Barthakur, learned APP for the State respondent No. 1. 2. In this petition, under Section 528 of the BNSS, 2023, the petitioner has challenged the Order, dated 02.04.2026, passed by the learned Chief Judicial Magistrate, Bajali, Pathsala, N.I. Case No. 47/2023. 3. It is to be noted here that vide impugned order dated 02.04.2026, the learned Chief Judicial Magistrate, Bajali, Pathsala, has issued Non-bailable Warrant of Arrest (NBWA) against the petitioner herein, as the Bailable Warrant of Arrest (BWA) issued against him, returned after execution. 4. Mr. Deuri, learned counsel for the petitioner submits that the petitioner is the accused in N.I. Case No. 47/2023, pending before the Court of the learned Chief Judicial Magistrate, Bajali, Pathsala. In the said case, Bailable Warrant of Arrest of Rs. 3000/- was issued against the present petitioner and the same was executed and the next date was fixed on 02.04.2026. But the petitioner herein could not appear before the learned Trial Court on that date, on account of his illness. 4.1. Mr. Deuri further submits that the petitioner had instructed his engaged lawyer to file an application before the learned Trial Court, but his lawyer did not file any such application, for which, the learned trial Court issued Non-bailable Warrant of Arrest against the present petitioner, in N.I. Case No. 47/2023. Page No.# 3/3 4.2. Mr. Deuri further submits that the petitioner herein was suffering from Diabetes Mellitus, Hypertension and Chronic Kidney Disease (CKD) and medical prescription has been enclosed as ‘Annexure-3’ in the petition; yet, it appears that the said prescription is of dated 02.07.2026, whereas the NBWA was issued against the petitioner vide order dated 02.04.2026, much prior to the issuance of said prescription. 5. Having heard the submission of the learned counsel for both the parties and also considering the facts and circumstances on record, this Court is inclined to dispose of this petition, by directing the petitioner herein to appear before the learned Trial Court on or before 18.08.2026, and apply for regular bail. And in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law. 6. Till the appearance of the petitioner before the learned Trial Court on 18.08.2026, the NBWA issued against the petitioner shall be kept in abeyance. JUDGE Comparing Assistant