Page No.# 1/3 GAHC010100632026 2026:GAU-AS:7284 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./729/2026 SRI BIJOY DAS ALIAS BIJOY RUHI DAS S/O SRI KHAGEN RUHI DAS R/O- VILLAGE- BALIKHETIA GAON, P.S. SAPEKHATI, DIST. CHARAIDEO, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE P.P. ASSAM 2:SRI UDAY PANDAY S/O LATE SEW KUMAR PANDAY R/O- VILLAGE- BALIKHETIA GAON P.S. SAPEKHATI DIST. CHARAIDEO ASSAM PIN-78569 Advocate for the Petitioner : MR. J C GOGOI, MR. N GOGOI,MR B ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.05.2026 1. Heard Mr. B. Islam, 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging order dated 04.05.2026 and subsequent order passed by the learned Sessions Judge, Charaideo in Sessions Case No.09/2025 arising out of Sapekhati P.S. Case No.91/17 under Section 448/302 of the Indian Penal Code. 3. On 04.05.2026, the petitioner, Bijoy Das @ Bijoy Ruhi Das, was absent before the Court, and his counsel filed an application explaining the cause of his absence. On that date, one witness was also present, and owing to the absence of the petitioner, his counsel also declined to cross-examine the witness. 4. The case has been pending before the learned Trial Court since 2017. The learned Trial Court observed that the conduct of the petitioner was not good and that, due to his conduct, the case has remained pending since 2017. Consequently, the learned Trial Court directed issuance of a Non-Bailable Warrant of Arrest (NBWA) against him. The learned Trial Court also directed issuance of notice to his bailor. 5. I have considered the submissions made by learned counsel for both the sides. 6. Under the given circumstances, the view taken by the learned Sessions Judge is not correct. Page No.# 3/3 7. Therefore, the impugned order dated 04.05.2026 and subsequent orders directing issue of NBWA against the present petitioner, Bijoy Das @ Bijoy Ruhi Das are set aside. 8. The petitioner, Bijoy Das @ Bijoy Ruhi Das is directed to appear before the Trial Court within a period of 7 (seven) days from today. 9. The petitioner shall be allowed to remain on previous bail. 10. The petitioner is also cautioned not to take any steps in the trial of the case. 11. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant