Page No.# 1/2 GAHC010007352026 2026:GAU-AS:646 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./50/2026 SAINUL ISLAM S/O FOKHRUL ISLAM, RESIDENT OF VILLAGE NARAYANPUR, PS PATHARKANDI, DIST SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date :21.01.2026 1. Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Ms. S. H. Bora, 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 challenging the Order dated 05.06.2022, passed by the learned Chief Judicial Magistrate, Sribhumi in PRC Case No.208/2022 arising out of GR Case No.1371/2021. Page No.# 2/2 3. 4 (four) persons including the present petitioner were Charge- sheeted. Out of them, 2 (two) of them, namely, Kamrul Islam and Fokhrul Islam have already appeared. The petitioner did not appear in spite of receiving notice. Therefore, NBWA was directed to be issued against him. 4. Learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore he should be given adequate opportunity to that effect. 5. I have considered the submissions made the by learned counsel for 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 adequate opportunity to that effect. Therefore the prayer of the petitioner is allowed. 7. The petitioner, Sainul Islam is directed to appear before the Trial Court of the learned Chief Judicial Magistrate, Sribhumi within next 10 (ten) days from today 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 Chief Judicial Magistrate, Sribhumi 8. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant