Page No.# 1/3 GAHC010069292026 2026:GAU-AS:4994 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./505/2026 AZIZUR RAHMAN S/O MOTIUR RAHMAN, R/O VILL PIRBARI, JALESWAR, PS JALESWAR, DIST GOALPARA, ASSAM VERSUS SHRI NARENDRA KUMAR JAIN S/O LATE DHANRAJ JAIN, R/O VILL WARD NO 15, PO AND PS GOALPARA, DIST GOALPARA, ASSAM, PIN 783101 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI,MR M CHOUDHURY Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 1. Heard Mr. S. Islam, learned counsel for the petitioner. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, in respect of N.I. Case No.129/2025, pending in the Court of the learned Chief Judicial Magistrate, Goalpara. 3. The petitioner, Azizur Rahman is an accused before the Trial Court. He did not appear in response to the summons issued to him. Bailable Warrant of Arrest was issued against him and that was also served even then also he did not appear and, therefore, the Trial Court directed issue of NBWA against him. 4. The petitioner submits that the reasons for his failure to appear before the Court in response to the summons and Bailable Warrant of Arrest. 5. The petitioner submits that he is ready to appear before the Trial Court and is interested to face the trial and, therefore, he should be given an adequate opportunity to that effect. 6. I have considered the submissions made by the learned counsel for the petitioner. 7. Since, the petitioner is interested in facing the trial, he should be given an adequate opportunity to that effect. Therefore, the prayer of the petitioner is allowed. 8. All orders directing issue of NBWA against the present petitioner, Azizur Rahman are set aside. 9. The petitioner, Azizur Rahman is directed to appear before the learned Chief Judicial Magistrate, Goalpara in respect of N.I. Case No.129/2025 on 10.04.2026 and on his appearance, the petitioner shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Goalpara. Page No.# 3/3 10. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant