Page No.# 1/3 GAHC010103912026 2026:GAU-AS:7369 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1092/2026 SRI PUSPA DEKA SON OF LATE BABUL CH. DEKA, RESIDENT OF AMINGAON, LATHIA BAGICHA, NEAR IIT, P.O. P.S. - AMINGAON, GUWAHATI, KAMRUP, ASSAM, PIN-781031 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI DIGANTA DUARAH SON OF LATE KUKHESWAR DUARAH RESIDENT OF OLD AMULAPATTAY WARD NO. 11 SIVASAGAR TOWN P.O. P.S. - SIVASAGAR DIST. SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MR. T N DAS, MS JUTISMITA DAS,MR KRISHNANGSHU B Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.05.2026 1. Heard Ms. J. Das, 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, Puspa Deka in respect of N.I. Case No.16/2021, under Section 138 of the Negotiable Instruments Act 1881, pending in the Court of the learned Additional Chief Judicial Magistrate, Sivasagar. 3. The petitioner, Puspa Deka is an accused before the Court below. He did not appear before the Trial Court and the Trial Court directed issuance of NBWA against him. 4. The petitioner submits that he was under medical treatment for a long time and he instructed his lawyer to represent him but, his lawyer did not do so. 5. I have considered the submissions made by the learned counsel for both sides. 6. The prayer of the petitioner is allowed. 7. The warrant of arrest issued against the petitioner shall be recalled. 8. It is hereby directed that the petitioner, Puspa Deka is directed to appear before the Court of the learned Additional Chief Judicial Magistrate, Sivasagar in Page No.# 3/3 respect of N.I. Case No.16/2021 within a period of 10 (ten) days from today and on his appearance, he shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Sivasagar. 9. With the aforesaid direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant