Page No.# 1/4 GAHC010059892026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/651/2026 MOHAN CHANDRA RABHA ALIAS MOHAN RABHA S/O SOMESHWAR RABHA VILL- TARAIBARI,P.O. DARIDURI, DIST. GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REP BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M KHAN, MR T T MONI,MD. R ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 25.03.2026 Heard Mr. A. M. Khan, learned counsel appearing for the petitioner. Also heard Ms. S.H Bora, learned Addl. P.P for the State of Assam. 2. The present bail petition has been filed with prayers for bail under Section 482 of the BNSS, 2023 and has arisen out of G.R. Case No. 2420/2010 pending Page No.# 2/4 in the Court of the learned JMFC, Goalpara, Assam which arose out of an FIR lodged in the year 2003 and which had culminated in Goalpara P.S. Case No. 55/2003. 3. The learned counsel for the petitioner has submitted that although summons had been issued to the present petitioner, the service report reflected that the addresses were improper since there is no village Banojbari, Totpara under the Goalpara Police Station. 4. The order dated 10.01.2025, of which a certified copy has been produced by the learned counsel for the Petitioner, records that since the summons issued against the accused had been returned without service with a report stating that the given address was false under a different P.S, fresh summons were directed to be issued. 5. By the order dated 25.02.2025, again a certified copy which has been produced by the learned counsel for the petitioner, the court recorded that summons issued to the petitioner had not yet been received back. 6. The learned counsel for the petitioner has thereafter drawn attention of this Court to the order dated 09.05.2025 by which the learned JMFC, Goalpara had erroneously noted that on an earlier date there was a recording that the petitioner could not be found at his given address and therefore the summons could not be served upon him. The learned counsel for the petitioner submits that there is no such recording in any of the earlier orders. Page No.# 3/4 7. By the order dated 09.05.2025, warrants of arrest were required to be issued against the petitioner. By the order dated 02.07.2025, the learned JMFC, Goalpara recorded that the NBWA issued against the petitioner had not yet returned. The learned counsel for the petitioner has submitted that the petitioner had never received any summons since it was sent through a wrong police station and there is no record prior to 09.05.2025 in the order sheets that the petitioner could not be found at the location of his address. 8. The learned counsel for the petitioner submits that in the event that the petitioner now appears before the court of the learned Court of the JMFC, Goalpara, the Committal Court may not be in a position to grant bail to the petitioner due to embargo of Section 480 (1) (i) of the BNSS 2023. 9. The learned counsel for the petitioner has submitted that the FIR was lodged in the year 2003 and the petitioner is ready to face trial. On the other hand, the learned Addl. P.P has submitted that the charge sheet implicates the petitioner and since the petitioner has been shown as an absconder as he had not participated in the investigation and further since he has not responded to the summons or the warrants of arrest issued to him, the petitioner would not be entitled for the privilege of bail at this stage. 10. There appears to be a misconception in the order dated 09.05.2025, when the petitioner was held to be not available at his addresses, when actually the report submitted was to the effect that the address of the petitioner did not fall under the particular police station. This court is of the opinion that allowing the petitioner to appear before the Committal Court would help the trial to proceed Page No.# 4/4 in the right manner. In such view of the matter, it is provided that the petitioner shall appear before the learned JMFC, Goalpara, on or before the 6th of April 2026 in connection with G,R. Case No. 2420/2010 and cooperate with the trial. 11. In the event the petitioner appears on or before 6th of April 2026, he shall be allowed to go on bail on furnishing a bond of Rs 15,000/- with two sureties of the like amount to the satisfaction of the learned JMFC Goalpara. The learned JMFC shall be at liberty to impose such other conditions as may be necessary to ensure the participation of the petitioner in the trial proceedings. 12. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant