Page No.# 1/2 GAHC010026002026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./191/2026 MOINUL ALIAS MOYNAL HOQUE S/O ANSER ALI, R/O VILL ALVARTARY, PS BILASHIPARA, DIST DHUBRI, ASSAM VERSUS STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:MS ANISA BEGUM D/O NASIR UDDIN R/O VILL ANANDANAGAR PS BILASIPARA DIST DHUBRI ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,A MISHRA,SAMIM RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.02.2026 Heard Mr. S Das, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Addl. Public Prosecutor appearing for the State of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 praying for quashing the orders directing issue of Non-Bailable Warrant of Arrest against the present petitioner Moinul @ Moynal Hoque in respect of Sessions Case No. 02/2021 (corresponding to Bilasipara P.S. Case No.29/2014) pending in the Court of the learned Additional Sessions Judge, Bilasipara. 3. The petitioner has been facing the trial before the Court below. Earlier he was attending the trial but subsequently, he failed to appear before the trial court and the learned trial court directed to issue Non-Bailable warrant of Arrest against him. 4. Today Mr. Das has submitted that the petitioner lost contact with his lawyer, which led to the passing of the impugned orders against him. Therefore, Das prays for giving an opportunity to the petitioner to appear before the trial court. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, his application is allowed. 7. All orders directing issue of NBWA against the petitioner by the learned Additional Sessions Judge, Bilasipara in Sessions Case No. 02/2021 are set aside. 8. Therefore, it is hereby directed that the petitioner Moinul @ Moynal Hoque shall appear before the trial court within next 10 days from today. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Bilasipara. With the aforesaid direction, this Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant