Page No.# 1/4 GAHC010167242026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1121/2026 SRI NGANKHOGIN SINGSIT S/O LUNLAL SINGIT, R/O MOTBUNG VILLAGE, PO MOTBUNG, PS SAPERMAINA, DIST KANGPOKPI, MANIPUR 795107 AND PRESENT ADDRESS GPRA QUARTER, MOTINAGAR, SHILLONG 14 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. N KOCH,MRS. R RONGMEI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 13.08.2026 Heard Mr. B. Chowdhury, learned counsel for the petitioner and Mr. P. Barthakur, learned Additional Public Prosecutor for the State respondent No. 1. 2. In this petition, under Section 528 of the BNSS, 2023, the petitioner has challenged the Order, dated 04.06.2026, passed by the learned Additional Sessions Judge, Kamrup (M), Guwahati (hereinafter, ‘Trial Court’), in Misc Case No. 30/2019, arising out of Guwahati GRPS Case No. 66/2013, under Sections 22(C)/29 of the NDPS Act. 3. It is to be noted here that vide impugned order, dated 04.06.2026, the learned Trial Court has issued Non-Bailable Warrant of Arrest (NBWA), against the present petitioner. 4. Mr. Chowdhury, learned counsel for the petitioner submits that the petitioner stood as bailor for two accused persons, namely, Sianlion Tuang and Zoula Pu, for Rs. 2,00,000/-. He also submits that the petitioner herein is serving in Assam Riffles and presently, he is posted at Shillong. 4.1. Mr. Chowdhury, further submits that on account of failing to produce the accused persons before the learned Trial Court, the learned Trial Court, vide Order, dated 04.06.2026, issued NBWA against the present petitioner. 4.2. It is the further submission of Mr. Chowdhury that there is no provision in Page No.# 3/4 the BNSS, 2023, for issuance of Non-bailable Warrant of Arrest against the bailor, for failing to produce the accused before the learned trial Court. 4.3 Mr. Chowdhury also submits that Section 491 of the BNSS, 2023, outlines the legal procedure that a Court must follow when a bond or bail bond, given under the code, has been forfeited; and Section 492 of the BNSS, 2023, provides for cancellation of bonds and bail bonds, when a person fails to appear or breaches a condition tied to their appearance in Court. And without following the said procedure, as laid under Sections 491/492 of the BNSS, 2023, the learned Trial Court has directly issued NBWA against the present petitioner, which is not at all permissible. 5. Mr. Barthakur, learned APP for the State respondent also fairly submits that there is no provision in the BNSS, 2023, for issuance of NBWA against the bailor, who has failed to produce the accused before the concerned Court, as there is specific provision, i.e., Sections 491/492 of the BNSS, 2023, to proceed against the bailor, which the learned Trial Court has failed to follow. 6. Having heard the submission of the 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 04.06.2026, by which, the learned Trial Court has issued NBWA against the present petitioner. 7. In view of absence of any provision under BNSS, 2023, for issuance of NBWA against the bailor and in view of failing to proceed against the bailor under Sections 491/492 of the BNSS, 2023, this Court is of the view that the impugned Order, dated 04.06.2026, fails to withstand the legal scrutiny. Page No.# 4/4 8. And accordingly, the same stands set aside and quashed. However, the learned Trial Court shall be at liberty to proceed against the present accused persons in accordance with the provision of Sections 491/492 of the BNSS, 2023. 9. In terms of the above, this Criminal Petition stands disposed of, in its motion stage itself. JUDGE Comparing Assistant