Page No.# 1/3 GAHC010095612026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./695/2026 ANUJ KUMAR BORAH SON OF SRI KAILASH BORAH RESIDENT OF VILL- NO. 1, KALITA GOAN, P.S. TEZPUR, DIST.SONITPUR, ASSAM, PIN-784001. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:HASHTHAI BRAHMA SON OF KHAGEN BRAHMA RESIDENT OF BORIGAON P.S. UDALGURI DIST. UDALGURI ASSAM PIN-78450 Advocate for the Petitioner : MR. P K SARMA, MS. P KAKATI,MS R SAHIN,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.05.2026 Heard Ms. B Bhuyan, the learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No.313/2025 pending in the court of the learned Judicial Magistrate First Class, Tezpur. 3. The petitioner Anuj Kumar Borah is an accused before the trial court. For non-appearance of the petitioner, the trial court issued NBWA & P & A against the petitioner. 4. It is submitted that the petitioner was suffering from ailments. The father of the petitioner also met with an accident. For all these reasons, the petitioner could not appear before the trial court. 5. The petitioner further states that he is interested in facing the trial and therefore, he prays that he may be given adequate opportunities to that effect. 6. I have considered the submissions made by the learned counsel of both sides. 7. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to that effect. Therefore, his application is allowed. 8. It is hereby directed that all orders directing issuance of NBWA and Proclamation & Attachment against the petitioner Anuj Kumar Borah in PRC Case No.313/2025 passed by the learned Judicial Magistrate First Class, Tezpur are set aside 9. It is further directed that the petitioner, namely petitioner Anuj Kumar Borah is directed to appear before the trial court within next 15 days from today. On his appearance, the petitioner Anuj Kumar Borah shall be released Page No.# 3/3 on bail of ₹25,000/- with a surety of like amount to the satisfaction of the Judicial Magistrate First Class, Tezpur. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant