Page No.# 1/3 GAHC010087422026 2026:GAU-AS:6428 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./628/2026 SAIDUR RAHMAN AND ANR S/O TUTA MIYA VILLAGE RAJABARI P.S. BATADRAWA DISTRICT NAGAON, ASSAM 2: ABDUL BATEN S/O LATE ABDUL AWAL VILL- RAJABARI P.S. BATADRAWA DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 1. Heard Mr. F. Hoque, learned counsel for the petitioners. Also heard Mr. B. Sharma, 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.3512/2022, pending in the Court of the learned Additional Chief Judicial Magistrate, Nagaon, Assam. 3. There are 10 (ten) accused persons in the case before the Trial Court. 3 (three) accused, namely, Azizul Hoque, Taizul Islam and Majibur Rahman were present in the Court. The other 2 (two) accused persons, namely, Saidur Rahman and Abdul Baten had prayed for an adjournment on 23.03.2026, the prayer was rejected and NBWA was directed to be issued against them. 4. I have considered the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that the view taken by the learned Additional Chief Judicial Magistrate, Nagaon seems to be justified because the charges are yet to be frame against all the 10 (ten) accused persons. 6. In spite of that, this Court is of the opinion that since these 2 (two) petitioners are interested in facing the trial they should be given adequate opportunity to that effect. Therefore, their application is allowed. 7. The warrant of arrest directed to be issued against the petitioners Saidur Page No.# 3/3 Rahman and Abdul Baten, PRC Case No.3512/2022, pending in the Court of the learned Additional Chief Judicial Magistrate, Nagaon are set aside. 8. Both the petitioners are directed to appear before the Court of the learned Additional Chief Judicial Magistrate, Nagaon in PRC Case No.3512/2022 within 25.05.2026 and on their appearance, they shall be allowed to go on fresh bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Nagaon. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant