Page No.# 1/2 GAHC010061292026 2026:GAU-AS:4255 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./442/2026 SRI RIYAZ HUSSAIN S/O SRI ANWAR HUSSAIN, R/O KABARSTHAN ROAD, WARD NO 5, JORHAT EAST, PS JORHAT, DIST JORHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM, ASSAM Advocate for the Petitioner : MR Z KAMAR, MR. BISWAJIT TALUKDAR,P D CHOUDHURY,MR S J CHOUDHURY,MR D TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.03.2026 1. Heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. D. Talukdar, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, 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, in respect of PRC Case No.72/2026 (arising out of Jorhat P.S. Case No.308/2025) pending in the Court of the learned Sub-Divisional Judicial Magistrate (S), Jorhat. Page No.# 2/2 3. The petitioner Riyaz Hussain has been shown as an absconder in the Charge- sheet, he now apprehends that if he appears before the Court below, he will be remanded to custody. The petitioner submits that he is interested in facing the trial and Police has unnecessarily shown him as absconder in the Charge-sheet. 4. I have considered the submissions made by the learned counsel for both sides and the documents available in the record. 5. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to that effect. 6. Therefore, his application is allowed. 7. The petitioner Riyaz Hussain is directed to appear before the Court of the learned Sub-Divisional Judicial Magistrate (S), Jorhat in connection with PRC Case No.72/2026 (arising out of Jorhat P.S. Case No.308/2025) within a period of 10 (ten) days from today and on his appearance, the petitioner shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sub- Divisional Judicial Magistrate (S), Jorhat. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant