Page No.# 1/3 GAHC010131472026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./940/2026 BHUSHAN SARKAR SON OF LATE HARICHARAN SARKAR, RESIDENT OF DATALPARA, NATUNBASTI, P.S. FATASIL AMBARI, GUWAHATI-25, DISTRICT KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM 2:SMTI SUMAN PODDAR WIFE OF SUBARNA PODDAR RESIDENT OF DATALPARA NATUNBASTI P.S. FATASIL AMBARI GUWAHATI-25 DISTRICT KAMRUP METRO ASSAM PRESENTLY RESIDING AT NABIN CH. BORO PATH MANPARA P.S. FATASIL AMBARI GUWAHATI-25 DISTRICT KAMRUP (METRO) ASSAM Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2026 Heard the learned counsel Mr. M Ahmed appearing for the petitioner. Also heard Mr. Bhaskar Sarma, 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 C R Case No.3116/2021 pending in the Court of the learned Judicial Magistrate First Class, Kamrup (Metro) at Guwahati, Assam. 3. The petitioner Bhushan Sarkar is an accused before the Trial Court. The petitioner remained absent in the Court. Initially Bailable Warrant of Arrest was issued against him. Subsequently Non-Bailable Warrant of Arrest was directed to be issued against him. The petitioner has explained the reasons for his absence in the Trial Court. 4. Mr. Ahmed 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 the petitioner should be given some opportunities to contest the case before the Trial Court. 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 contesting the case before the Trial Court, he should be given some opportunities to that effect. Therefore, the Criminal Petition of the petitioner is allowed. 8. All orders directing issue of Bailable Warrant of Arrest and Non- Bailable Warrant of Arrest against the petitioner Bhushan Sarkar in C R Case No.3116/2021 shall be recalled. 9. It is hereby directed that the petitioner, Bhushan Sarkar is directed to appear before the Court of the learned Judicial Magistrate First Class, Kamrup (Metro) at Guwahati, Assam within next 15 (fifteen) days from today in connection with C R Case No.3116/2021. 10. On his appearance, the petitioner Bhushan Sarkar shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Judicial Magistrate First Page No.# 3/3 Class, Kamrup (Metro) at Guwahati, Assam. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant