Page No.# 1/3 GAHC010106452026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./778/2026 MOFIJUL HAQUE S/O FAJARUDDIN ANSARI VILL- NIRAIAATI, P.O. BIHAGURI, P.S. TEZPUR, DIST.SONITPUR, ASSAM. PIN-784153. VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY LD. PUBLIC PROSECUTOR, ASSAM, GUWAHATI- 01. 2:MIRAJUL HAQUE SAIKIA SON OF ABDUL HAQUE SAIKIA VILL- LIKHOKGAON P.S. TEZPUR DIST. SONITPUR ASSAM. PIN-78415 Advocate for the Petitioner : MR. R ISLAM, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.06.2026 Heard Mr. R Islam, the learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Mr. K K Parasar, 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 No.452/2024 pending in the court of the learned Judicial Magistrate 1st Class, Sonitpur, Tezpur. 3. The petitioner Mofijul Haque is an accused before the trial court. Summons and Bailable Warrant of Arrest against the petitioner cannot be executed because he was outside the state. The petitioner could not appear before the trial court on 29.10.2024 and 07.12.2024. Therefore, the trial court issued Non-Bailable Warrant of Arrest and P/A against him. 4. The petitioner states that he is interested in facing the trial and therefore, he prays that he may be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to that effect. Therefore, his petition is allowed. 7. Therefore, all orders directing issuance of Non-Bailable Warrant of Arrest and P/A against the petitioner Mofijul Haque in PRC No.452/2024 are set aside. 8. It is hereby directed that the petitioner, namely, Mofijul Haque is directed to appear before the trial court of the learned Judicial Magistrate 1st Class, Sonitpur, Tezpur in connection with PRC No.452/2024 within next 15 days from today. On his appearance, the petitioner Mofijul Haque shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Page No.# 3/3 Judicial Magistrate 1st Class, Sonitpur, Tezpur. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant