Page No.# 1/3 GAHC010100232026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./721/2026 SHRI HARIBUL KURMI SON OF LATE BHUGESH KURMI, RESIDENT OF VILLAGE-BETJANGAON, MAKUM, P.O.- P.S.- MAKUM, DISTRICT-TINSUKIA, ASSAM, PIN-786125. VERSUS SHRI MAHENDRA SUREKA AND ANR SON OF LATE MADAN MOHAN SUREKA, RESIDENT OF S.R. LOHIA ROAD, P.O., P.S. DISTRICT- TINSUKIA, ASSAM, PIN-786125. 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSA Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.05.2026 Heard Mr. P Bordoloi, the learned counsel appearing for the petitioner. Also heard Mr. Bidyut Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This is an application under Section 528 of the BNSS, 2023 challenging the orders passed by the learned Chief Judicial Magistrate, Tinsukia directing issue of Non-Bailable Warrant of Arrest (NBWA) as well as P/A against the present petitioner Haribul Kurmi in N.I. Case No.106/2023. 3. The petitioner is an accused before the trial court. 4. The petitioner states that he has already repaid some amount of the cheque to the complainant and he is ready to pay the remaining amount within a short period of time. 5. The petitioner states that because of his illness he could not appear before the trial court and in the meantime, his lawyer had also withdrawn from the case. 6. The petitioner also states that he is interested in facing the trial to contest the case and therefore, he should be given adequate opportunities to that effect. 7. Mr. Sarma has objected to the said prayer on the ground that when P & A has been issued or when the petitioner has been declared as a proclaimed offender under Section 82 of the Code of Criminal Procedure, he is not entitled to the privilege of Anticipatory Bail. 8. I have considered the submissions made by the learned counsel of both sides. 9. 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 at least under the given circumstances of the present case. Therefore, his application is allowed. 10. All orders directing issue of NBWA as well as P & A against the petitioner Haribul Kurmi in connection with N.I. Case No.106/2023 shall be recalled. Page No.# 3/3 11. The petitioner Haribul Kurmi is directed to appear before the Trial Court of the learned Chief Judicial Magistrate, Tinsukia in connection with N.I. Case No.106/2023within next 7 (seven) days from today. On his appearance, he shall be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Tinsukia. 12. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant