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2026 DAILYLAW 3998 (GAU)

MD MAJIBUR RAHMAN AND ANR v. THE STATE OF ASSAM

AB/243/2026 · 2026-04-05

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010021852026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/243/2026 MD MAJIBUR RAHMAN AND ANR S/O MOJAMIL HOQUE, R/O 1 CHANIBARI, DHULA, DARRANG, PS DHULA, DIST DARRANG, ASSAM 2: SAHIDUL ISLAM S/O KASEM ALI R/O 1 SIBAPUR UDALGURI PS UDALGURI DIST UDALGURI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, MR. B K DAS,A HOQUE,MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 Heard Mr. D Medhi, the learned counsel appearing for the petitioners. Also heard Mr. K Baishya, the learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2 2. This is an application under Section 482 of the BNSS, 2023 in respect of G R Case No.642/2025 pending in the Court of the learned Chief Judicial Magistrate, Udalguri. 3. After filing of the charge sheet, Bailable Warrant of Arrest has been issued against the petitioners. After that, the trial court directed to issue Non-Bailable Warrant of Arrest against them. 4. Mr. Medhi submits that the petitioners are interested in facing the trial and therefore, the petitioners should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioners are interested in facing the trial, therefore they deserve to be given adequate opportunities to that effect. 7. Therefore, the Anticipatory Bail Application filed by the petitioners is allowed. 8. The Bailable Warrant of Arrest issued against the petitioners shall be recalled. 9. It is hereby directed that the petitioner Nos.1 Md. Majibur Rahman & 2. Sahidul Islam are directed to appear before the Court of the learned Chief Judicial Magistrate, Udalguri in connection with G R Case No.642/2025 on 24.04.2026. On their appearance, they shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Udalguri. 10. With the aforesaid direction, this application stands disposed of accordingly. JUDGE Comparing Assistant