Page No.# 1/2 GAHC010080762026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Crl.Pet./595/2026 ANANTA BORA S/O LATE KHANGESWAR BORA RESIDENT OF H/NO. 335 SARBESWAR BORUAH PATH WARD NO. 09 NORTH LAKHIMPUR P.O. NORTH LAKHIMPUR P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN- 781001. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SARASWATI DEVI RATHI RESIDENT OF NORTH LAKHIMPUR P.O. NORTH LAKHIMPUR P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM, PIN-781001. ------------ Advocate for : MR. D DEKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.06.2026 Heard Mr. R Sarma, the learned Senior Counsel assisted by Mr. D Deka appearing for the petitioner. Also heard Mr. B Sarma, the learned Additional Public Prosecutor appearing for Page No.# 2/2 the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of N.I. Case No.12/2015 pending in the Court of the Chief Judicial Magistrate, Lakhimpur, North Lakhimpur. 3. The petitioner Ananta Bora is an accused before the trial court. He is 65 years old and has been suffering from different ailments. He was absent in the court below. Therefore, the trial court directed issue of Non-Bailable Warrant of Arrest as well as P/A against him. 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. 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. It is hereby directed that all orders directing issue of Non-Bailable Warrant of Arrest as well as P/A against the petitioner Ananta Bora by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in N.I. Case No.12/2015 are set aside. 9. It is further directed that the petitioner, namely, Ananta Bora is directed to appear before the court of the Chief Judicial Magistrate, Lakhimpur, North Lakhimpur within next 15 (fifteen) days from today in connection with N.I. Case No.12/2015. On his appearance, the petitioner Ananta Bora shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Chief Judicial Magistrate, Lakhimpur, North Lakhimpur. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant