Page No.# 1/2 GAHC010117172026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./826/2026 RANJAN KUMAR SARMAH SON OF LATE PRAFULLA SARMAH, RESIDENT OF VILLAGE - POLO FIELD, BAMUNGAON, P.S. TEZPUR, PIN 784001, DISTRICT - SONITPUR, ASSAM. PH 7638074049 EMAIL ATITHYABORPUZARIGMAIL.COM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:BIRAJ NATH TEZPUR BAR ASSOCIATION P.O. TEZPUR - 784001 DISTRICT - SONITPUR ASSA Advocate for the Petitioner : MR. P K SARMA, MR. A BORPUZARI,MR. M MORE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.06.2026 Heard Mr. P K Sarma, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No. 1266/2024 pending in the Court of the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur. 3. The petitioner Ranjan Kumar Sarmah is an accused before the Trial Court. The Trial Court issued summons as well as Bailable Warrant of Arrest against him but the same were not served upon him. Therefore, the petitioner could not appear before the trial court. The trial court again issued NBWA as well as P/A against the petitioner. 4. Mr. Sarma has submitted that the petitioner is interested in facing the trial and therefore, he should 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 should be given adequate opportunities to that effect. 7. Therefore, the Criminal Petition of the petitioner is allowed. 8. The Warrant of Arrest as well as the P/A issued against the petitioner Ranjan Kumar Sarmah shall be recalled. 9. It is hereby directed that the petitioner, namely Ranjan Kumar Sarmah is directed to appear before the Court of the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur within next 15 (ten) days from today in connection with PRC Case No. 1266/2024. On his appearance, the petitioner Ranjan Kumar Sarmah shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant