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2026 DAILYLAW 6314 (GAU)

JIABUR UDDIN ALIAS RAHMAN v. THE STATE OF ASSAM

AB/1046/2026 · 2026-05-20

Parthivjyoti Saikia

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010098552026 2026:GAU-AS:7032 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1046/2026 JIABUR UDDIN ALIAS RAHMAN S/O SHARAFAT ALI, R/O VILL DAULATPUR, PS BIHPURIA,DIST LAKHIMPUR, ASSAM, PIN 787054 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, MR P SONOWAL,S YESMIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.05.2026 1. Heard Mr. D. Medhi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for granting pre-arrest bail to the petitioner, Jiabur Uddin @ Rahman in respect of PRC No.60/2026, pending in the Court of the learned Sub-Divisional Judicial Magistrate (S), Lakhimpur, North Lakhimpur. 3. The petitioner, Jiabur Uddin @ Rahman has been shown as an absconder in Page No.# 2/2 the Charge-Sheet. He has received summons from the Court of the learned Sub- Divisional Judicial Magistrate (S), Lakhimpur, North Lakhimpur. The petitioner submits that the offence alleged against him is sessions triable and if he appears before the learned Sub-Divisional Judicial Magistrate (S), Lakhimpur, North Lakhimpur he will be remanded to custody. 4. The petitioner further submits that he wants to contest the case and, therefore, he should be given an adequate opportunity to that effect. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial he should be given an adequate opportunity to that effect. Therefore, his pre- arrest bail application is allowed. 7. It is hereby directed that the petitioner, Jiabur Uddin @ Rahman is directed to appear before the Court of the learned Sub-Divisional Judicial Magistrate (S), Lakhimpur, North Lakhimpur in connection with PRC No.60/2026 within a period of 10 (ten) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sub- Divisional Judicial Magistrate (S), Lakhimpur, North Lakhimpur. 8. With the aforesaid direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant