Page No.# 1/3 GAHC010074612026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./711/2026 ANUJ KUMAR BORAH S/O KAILASH BORAH PERMANENT RESIDENT OF VILL- NEAR NAMGHAR BIHOGURI, P.S. TEZPUR, DIST. SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MANASH DAS S/O SRI MUKUNDA DAS RESIDENT OF SENGELIMARA P.S. CHARIDUAR DIST. SONITPUR ASSAM PIN-78410 Advocate for the Petitioner : MR. P K SARMA, MS. P KAKATI,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.05.2026 Heard Mr. P K Sarma, the learned counsel appearing for the petitioner. Page No.# 2/3 Also heard Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No.577/2025 pending in the Court of the learned Judicial Magistrate 1st Class, Sonitpur, Tezpur. 3. The petitioner Anuj Kumar Borah has been shown as absconder in the charge sheet. Therefore, the Trial Court below directed issue of Bailable Warrant of Arrest against him. The said warrant of arrest was not served upon him. However, the Court below directed issue of Non-Bailable Warrant of Arrest against him. 4. The petitioner states that he was medically unfit to appear before the Court below. Therefore, he had to come to Guwahati for medical treatment. Some medical documents are also furnished in support of his submission. 5. The petitioner submits that he is interested in facing the trial to contest the case and therefore, he should be given adequate opportunities to that effect. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given adequate opportunities to that effect. Therefore, his petition is allowed. 8. The NBWA issued against the petitioner Anuj Kumar Borah in connection with PRC Case No.577/2025 shall be recalled. 9. The petitioner Anuj Kumar Borah is directed to appear before the Trial Court of in respect of PRC Case No.577/2025 within next 7 (seven) days from today. On his appearance, he shall be released on bail of Rs.25,000/- Page No.# 3/3 (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Sonitpur, Tezpur. 10. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant