Page No.# 1/3 GAHC010275462025 2026:GAU-AS:1250 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1597/2025 MOKIBUL ISLAM AND ANR. S/O LATE DANU MIYA R/O VILL- PATHLIKUCHI, P.O. GAJIA, P.S. BARPETA, DIST. BARPETA, ASSAM 2: AMZAD ALI S/O MD. PIYAR ALI R/O VILL- PATHLIKUCHI P.O. GAJIA P.S. BARPETA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:GAKUL RABHA S/O SRI PADAN RABHA VILL- UPARBARJULI (SARANIA PARA) P.S. BOKO DIST. KAMRUP ASSA Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.02.2026 1. Heard Mr. H. A. Ahmed, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 read with Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of the impugned Order dated 14.07.2023 and subsequent Orders, specifically order dated 18.11.2025, passed by the learned Sessions Judge, Kamrup, Amingaon in Session Case No.19/2023. 3. The petitioners Mokibul Islam and Amzad Ali are accused before the Trial Court in respect of the Session Case No.19/2023, pending in the Court of the learned Sessions Judge, Kamrup, Amingaon. 4. On 28.11.2023, the petitioners Mokibul Islam and Amzad Ali were absent before the Trial Court. Therefore, the Trial Court issued non-bailable warrant of arrest against them. 5. It may be mentioned that Mokibul Islam was absent on previous dates also for which warrant of arrested was directed to be issued against him. 6. Both the petitioners have submitted that because of lack of communication with their lawyer, they could not appear before the Trial Court. They also submitted that they are interested in facing the Trial. 7. I have considered the submissions made by learned counsel for the both sides. Page No.# 3/3 8. Since, the petitioners are interested in facing the Trial, they deserve to be given adequate opportunity to that effect. Therefore, their prayer is allowed. 9. All the Orders directing issue of non-bailable warrant of arrest against the present petitioners Mokibul Islam and Amzad Ali are set aside. 10. Both the petitioners are directed appear before the Trial Court tomorrow (i.e., on 03.02.2026) and on their appearance, the petitioners Mokibul Islam and Amzad Ali shall be released on fresh bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup, Amingaon. 11. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant