Page No.# 1/2 GAHC010092662026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./669/2026 ALTAF HUSSAIN S/O LATE MOJIBAR SHEIKH VILL- NO. 1 BARUAH PATHAR, P.S. BOKO, DIST.KAMRUP, 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, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2026 Heard Mr. F Haque, learned counsel appearing for the petitioner. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam. By this application filed under Section 528 of the BNSS, 2023 the petitioner, namely, Altaf Hussain, has prayed for recalling the orders of NBWA issued against him by the learned Trial Court. The petitioner is an accused before the Trial Court. Page No.# 2/2 Due to absence of the petitioner in connection with PRC Case No. 749/2018, pending in the court of the learned Additional Chief Judicial Magistrate, Goalpara, the learned Trial Court issued NBWA against the present petitioner. The petitioner has submitted that he was absent for a long time as because he was required to stay in the State of Manipur for his livelihood. The petitioner has now submitted that he is interested in facing the trial and, therefore, adequate opportunity should be given to him. I have considered the submissions made by the learned counsel for both the sides. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to contest the case. Hence, the orders dated 26.02.2019 to 12.03.2026 and all subsequent orders issuing NBWA against the present petitioner by the learned Additional Chief Judicial Magistrate, Goalpara in connection with PRC Case No. 749/2018 are recalled and set aside. The petitioner is directed to appear before the learned Additional Chief Judicial Magistrate, Goalpara in connection with PRC Case No. 749/2018 within next 10 (ten) days from today. On his appearance, the learned Additional Chief Judicial Magistrate, Goalpara shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Trial Court. The criminal petition is disposed of. JUDGE Comparing Assistant