Page No.# 1/3 GAHC010012302026 2026:GAU-AS:1385 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./84/2026 ATUL BARMAN SON OF- LATE PABAN BARMAN, RESIDENT OF- SINGIMARI CHOWK, P.O.- ROUMARI, P.S.-HAJO, DISTRICT-KAMRUP, ASSAM, PIN CODE-781104. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:TIKENDRA NATH DAS S/O LATE DAYAL CH. DAS R/O WARD NO. 4 SARBHOG TOWN P.O. AND P.S. SARBHOG DIST. BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MS. T SOM, R K SHARMA,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.02.2026 1. Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of N.I. Case No.114/2024, pending in the Court of the learned Judicial Magistrate First Class, Barpeta. 3. The petitioner is an accused before the Court below. The Trial Court has directed issue of non-bialable warrant of arrest against him. 4. Learned counsel for the petitioner has submitted that till now the petitioner has already paid Rs.24,50,000/- and Rs.8,50,000/- remains to be paid out of total amount of Rs.34,00,000/-. Several documents were filed in support of the claim made by Ms. Som, learned counsel for the petitioner. 5. I have considered the submissions made by the learned counsel for both sides. 6. Since the petitioner is interested in facing the trial, he should be given adequate opportunity to that effect. 7. Therefore, the prayer of the petitioner is allowed. 8. All orders directing non-bailable warrant of arrest against the petitioner Atul Barman are set aside. Page No.# 3/3 9. The petitioner Atul Barman is directed to appear before the Court of the learned Judicial Magistrate First Class, Barpeta in respect of N.I. Case No.114/2024 within on 24.02.2026 and on his appearance, he shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Barpeta. 10. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant