Page No.# 1/3 GAHC010021632026 2026:GAU-AS:1576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./141/2026 REZABUL ISLAM AND ANR SON OF NAL MIAH R/O VILL- JHOWDANGA PUBERGAON, P.O. JHOWDANGA, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 2: YEANUR ISLAM SON OF NAL MIAH R/O VILL- JHOWDANGA PUBERGAON P.O. JHOWDANGA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.02.2026 1. Heard Mr. M. Islam, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.209/2025 under Sections 191(3)/190/329(4)/117(2)/118(1)/109/304(2) of the BNS, 2023. 3. The petitioners, namely, Rezabul Islam @ Rezabul and Yeanur Islam are shown as absconders in the Charge-Sheet along with some other persons. They have also prayed that if they appear before the Court of the learned Sub-Divisional Judicial Magistrate (M), Hatsingimari, they will be remanded to custody because the Charge- Sheet alleges commission of Sessions triable offences. 4. Some other persons, namely, Babul Miah @ Babu Miah, Tara Miah, Nur Alom and Mokbul Hussain were granted pre-arrest bail by this Court. 5. The present petitioners are also submitted that they are interested in facing the trial and therefore they should be given adequate opportunity to that effect. 6. I have considered the submissions made by the learned counsel for both sides. 7. Learned Additional Public Prosecutor has objected to the prayer made by the petitioners. Page No.# 3/3 8. Since, both the petitioners are interested in facing the trial, they deserve to be given adequate opportunity to contest the case. 9. Therefore, their application is allowed. 10. The petitioners Rezabul Islam @ Rezabul and Yeanur Islam are directed to appear before the trial court of learned Sub-Divisional Judicial Magistrate (M), Hatsingimari in respect of PRC Case No.209/2025 within next 7 (seven) days from today and on their appearance, they shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Hatsingimari. 11. It is hereby directed that both the petitioners shall regularly appear before the Trial Court on each and every date of hearing. If they fail to do so, the trial court shall have the liberty to procure their attendance in accordance with the procedure as laid down by law. 12. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant