Page No.# 1/3 GAHC010022882026 2026:GAU-AS:1763 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./168/2026 KOLPO BASUMATARY AND ANR SON OF BHABESWAR BASUMATARY R/O 4 NO. SIALMARI, P.S. SERFANGURI, DIST. KOKRAJHAR, ASSAM 2: BILIFANG BASUMATARY S/O SAMAR BASUMATARY R/O DAWANGBHUTUWA P.S. SERFANGURI DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, WILD LIFE FOREST, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MISS. P M AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : SPL PP WILDLIFE FOREST ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.02.2026 1. Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. Bankim Sharma, learned Special Public Prosecutor for the Wildlife Forest Department. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Forest Case No.04/2024, pending in the Court of the learned Sub-Divisional Judicial Magistrate (M), Gossaingaon, Kokrajhar. 3. Both the petitioners are accused before the Court below. On one date, they could not appear before the Trial Court nor their lawyer was present. Therefore, the Trial Court issued non-bilable warrant of arrest issued against them. The learned Sessions Judge, Kokrajhar also agreed with the view taken by the learned Sub- Divisional Judicial Magistrate (M), Gossaingaon, Kokrajhar. 4. The petitioners have shown sufficient cause for their absence in the Court. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that these two petitioners should be given adequate opportunity to contest the case before the Trial Court. 7. Therefore, warrant of arrest issued against them shall be recalled. 8. Both the petitioners, namely, Kolpo Basumatary and Bilifang Basumatary are directed to appear before the learned Sub-Divisional Judicial Magistrate (M), Page No.# 3/3 Gossaingaon, Kokrajhar in respect Forest Case No.04/2024 of within 10 (ten) days from today and on their appearance, they shall be released on fresh bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Sub- Divisional Judicial Magistrate (M), Gossaingaon, Kokrajhar. 9. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant