Page No.# 1/2 GAHC010117202026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./856/2026 JIAUR RAHMAN SON OF ABDUR RAHIM, RESIDENT OF GHUGRAKUNA, WARD NO.2, P.O. JAGANATHI, P.S AND DIST- SRIBHUMI VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S DAS, P J DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.06.2026 Heard Mr. S Das, the learned counsel appearing for the petitioner. Also heard Mr. K K Das, 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 G R Case No. 1603/2019 pending in the Court of the learned Additional Chief Judicial Magistrate, Sribhumi. 3. The petitioner Jiaur Rahman has been shown as an absconder in the charge sheet. Page No.# 2/2 Summons was issued to him, but the same was not served upon him. In spite of that the trial court directed issue of Non-Bailable Warrant of Arrest against the petitioner. Subsequently, Warrant of Arrest as well as P/A were also issued against the petitioner. 4. Mr. K K Das has objected to the prayer of bail. 5. Mr. S Das has submitted that the petitioner is interested in facing the trial 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. 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. 8. Therefore, the Criminal Petition of the petitioner is allowed. 9. It is hereby directed that all orders directing issue of Non-Bailable Warrant of Arrest, Warrant of Arrest and P/A against the petitioner Jiaur Rahman are set aside. 10. It is further directed that the petitioner, namely Jiaur Rahman is directed to appear before the court of the Additional Chief Judicial Magistrate, Sribhumi within next 15 (fifteen) days from today in connection with G R Case No. 1603/2019. On his appearance, the petitioner Jiaur Rahman shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Additional Chief Judicial Magistrate, Sribhumi. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant