Page No.# 1/3 GAHC010174252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1156/2026 MRIDUL DAS AND ANR S/O LT SIBA NATH DAS, R/O BARPETA VILLAGE, PS AND PO BARPETA, DIST BARPETA, ASSAM, PIN 781301 2: DIPJYOTI BHUYAN S/O SRI PARIKHIT BHUYAN R/O BARPETA VILLAGE PS AND PO BARPETA DIST BARPETA ASSAM PIN 78130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, GOVT. OF ASSAM Advocate for the Petitioner : MR. J KALITA, AMAN ALI,MR SOHAING Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 20.08.2026 Heard Mr. J. Kalita, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent. Page No.# 2/3 2. In this petition, under Section 528 of the BNSS, 2023, read with Article 227 of the Constitution of India, the petitioners have challenged the order dated 29.05.2026, passed by the learned Judicial Magistrate First Class, Kamrup(M), Guwahati, in PRC Case No. 2139/2022. 3. It is to be noted here that vide impugned order dated 29.05.2026, the learned Judicial Magistrate First Class, Kamrup(M), Guwahati (‘trial Court’, for short) had issued Non-Bailable Warrant of Arrest (NBWA) against the present petitioners. 4. Mr. Kalita, learned counsel for the petitioners submits that the petitioners are accused in PRC Case No. 2139/2022, wherein they entered appearance earlier and they were enlarged on bail. Mr. Kalita also submits that however, on 29.05.2026, the Presiding Officer of the Court was on leave and though the petitioners remained present in the Court and also put their signature in the Hazira, they did not file the same in the Court, for which the learned trial Court had issued NBWA against them. Mr. Kalita further submits that the petitioners are ready to face the trial and will appear before the learned trial Court on each and every date, and therefore, he has contended to recall the NBWA issued against the petitioners. 5. Mr. Borthakur, learned Additional Public Prosecutor for the respondent submits that he has no objection in the event of allowing this petition, but the petitioners may be directed to appear before the learned trial Court on the next date i.e. 05.12.2026. 6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 29.05.2026. Page No.# 3/3 7. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the petitioners to appear before the learned trial Court on or before 07.09.2026, and to apply for regular bail or to allow them to remain on previous bail, and in the event of filing of such an application, the learned trial Court shall consider the same in accordance with law. 8. Till then, the NBWA issued against the petitioners shall be kept in abeyance. 9. In terms of above, this petition stands disposed of at this motion stage itself. JUDGE Comparing Assistant