Page No.# 1/2 GAHC010068412026 2026:GAU-AS:4993 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./504/2026 BILLAL HUSSEN S/O RAHIJ UDDINI, RESIDENT OF VILLAGE KALAIRDIA MAJERCHAR, P.O. MANDIA, DISTRICT BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : P ADHIKARI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 1. Heard Ms. P. Adhikari, 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 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.499/2021 pending in the Court of the learned Judicial Magistrate First Class, Barpeta. 3. The petitioner, Billal Hussen is an accused before the Trial Court. In spite of service of bailable warrant of arrest, he did not appear before the Court below. Page No.# 2/2 Therefore, the Trial Court directed issue of NBWA and P&A against him. 4. The petitioner submits that he is ready to appear before the Trial Court and interested to face the trial and, therefore, he should be given adequate opportunity to that effect. 5. I have considered the submissions made by the learned counsel for both sides. 6. Since, the petitioner is interested in facing the trial, he should be given adequate opportunity to that effect. Therefore, the prayer of the petitioner is allowed. 7. All orders directing issue of NBWA and P&A against the present petitioner, Billal Hussen in respect of PRC Case No.499/2021 are set aside. 8. The petitioner, Billal Hussen is directed to appear before the learned Judicial Magistrate First Class, Barpeta in respect of PRC Case No.499/2021 within a period of 10 (ten) days from today and on his appearance, the petitioner shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Barpeta. 9. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant