Page No.# 1/3 GAHC010105922026 2026:GAU-AS:8949 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Crl.Pet./206/2026 SHAHIJAL ISLAM ALIAS SOHIJUL HOQUE AND ANR S/O KACHUMUDDIN SHKH R/O VILL- BISHDOBA P.S. PANBARI DIST. CHIRANG ASSAM PIN- 783391 2: ABIDUR RAHMAN S/O SUKUR ALI R/O VILL- BISHDOBA P.S. PANBARI DIST. CHIRANG ASSAM PIN-783391 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:MANJUWARA BEGUM W/O AFSAR ALI SHEIKH VILL- KHUDNABARI P.S. SORBHOG DIST. BARPETA ASSAM ------------ Advocate for : MR. A Z AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22.06.2026 1. Heard learned Counsel Mr.A.Z.Ahmed for the petitioners Shahijal Islam @ Sohijul Hoque and Abidur Rahman who have filed this application under Section 528 of the BNSS, 2023 with prayer for setting aside the impugned order dated 23.06.2025 and all subsequent orders passed by the learned Special Judge, Barpeta in Sorbhog PS Case No.98/2024. 2. Learned Addl.Public Prosecutor Mr.K.K. Parashar is present for the State respondent and Ms. M.K. Brown, learned Legal Aid Counsel is present for the respondent No.2. 3. It is submitted on behalf of the petitioner No.2 Abidur Rahman that he was granted anticipatory bail by this Court vide order dated 15.05.2026 in connection with AB No.521/2026. It is also submitted that the NBWA and P & A was issued during the stage of investigation. Now, the petitioner is unable to appear before the I.O. and co-operate with the investigation and apprehends that on the strength of the NBWA, the petitioner may be arrested and forwarded to custody. It is also submitted that the NBWA was issued during the investigation, which is not legally enforceable in law . 4. Considering the submission that the petitioner has already been granted anticipatory bail by order of this court dated 15.05.2026 in connection with AB No.521/2026, the NBWA and P & A issued against the petitioner No.2 Abidur Rahman is kept in abeyance till the completion of investigation. 5. The petitioner No.2 Abidur Rahman is directed to appear before arresting Page No.# 3/3 authority and co-operate with the investigation. 6. Further, similar submissions have also been made against the petitioner No.1 Shahijal Islam @ Sohijul Hoque wherein NBWA and P & A has also been issued against the petitioner No.1 but he was not granted anticipatory bail in connection with AB No. 521/2026. His prayer for anticipatory bail was rejected. It is also submitted on behalf of the petitioner No.1 that the order dated 23.06,2025 passed by the learned Special Judge, Barpeta in Sorbhog PS Case No.98/2024 may be set aside . 7. At this juncture, the Court is not willing to consider the prayer for setting aside the order 23.06.2025 passed by the learned Special Judge, Barpeta in Sorbhog PS Case No.98/2024. 8. In terms of the above observations, this criminal petition is disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant