Page No.# 1/3 GAHC010009992026 2026:GAU-AS:1583 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./79/2026 MOINUL HOQUE SON OF ASADDAR ALI VILL- BAZARGHAT P.O. MOINA P.S. PATHARKANDI DIST. SRIBHUMI (KARIMGANJ), ASSAM, PIN NO. 788724. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:NASIR UDDIN S/OL ATE SIYAB UDDIN VILL- PURBA HAITARKA P.O. KANAIBAZAR P.S. PATHARKANDI DIST. SRIBHUMI (KARIMGANJ) ASSAM PIN-788724 Advocate for the Petitioner : MR H R A CHOUDHURY, J M SULAIMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.02.2026 1. Heard Mr. J. M. Sulaiman, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, 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.2490/2024. 3. The petitioner Moinul Hoque has been shown as an absconder in the Charge- Sheet. He has received summons from the court below. The Charge-Sheet alleges commission of Sessions triable offences. The petitioner, therefore, apprehends that if he appears before the Court of the learned Judicial Magistrate First Class-II, Sribhumi, he will be remanded to custody because this Court does not have the jurisdiction to entertain his bail application. 4. The petitioner submits that he is interested in facing the Trial and, therefore, he deserves to be given adequate opportunity to that effect. 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 deserves to be given adequate opportunity to contest the case. 7. Therefore, his application is allowed. 8. The petitioner Moinul Hoque is directed to appear before the trial court of Page No.# 3/3 learned Judicial Magistrate First Class-II, Sribhumi in respect of PRC Case No.2490/2024 on 11.02.2026 and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class-II, Sribhumi. 9. It is hereby directed that the petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, the trial court shall have the liberty to procure his attendance in accordance with the procedure as laid down by law. 10. With the aforesaid direction, Criminal Petition stands disposed of. JUDGE Comparing Assistant