Fulbanu Bibi v. the State of Assam

Gauhati HC5 May 2026AB/832/2026

Case brief

AI extract

What is this about?

Pre-arrest bail; Section 482 BNSS, 2023; NBW/non-bailable warrant issued without service of summons; charge-sheet as absconder despite initial absence from FIR; PRC Case No. 203/2022; Sections 366/34 IPC; Additional CJM Goalpara; warrant of arrest stayed/suspended for 15 days; direction to file regular bail application before Trial Court; State of Assam (APP B. Sarma); petitioner Fulbanu Bibi; Gauhati High Court; Mitali Thakuria, J.; order dated 06-05-2026.

What did the court decide?

Interim stay/suspension of the Warrant of Arrest (NBWA) issued against the petitioner for 15 days / till the next listing of the case; the petitioner is directed to appear before the learned Trial Court with a regular bail application within 15 days, to be considered in accordance with law. Pre-arrest bail as such was not granted; the application stands disposed of.

Fulbanu Bibi Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with PRC Case No. 203/2022 under Sections 366/34 IPC pending before the learned Additional CJM, Goalpara, should be granted pre-arrest bail under Section 482 BNSS, 2023. +1 more

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Court's answer

Considering all aspects and the submissions of counsel, the petitioner is directed to appear before the learned Trial Court with a regular application for bail within a period of 15 (fifteen) days from the date of the order, which may be considered in accordance with law.

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Ratio / Principle

The Court recorded that the NBWAs against the petitioner and co-accused were issued without proper service of summons, since the notice as well as the bailable warrant issued against the accused persons did not return after proper service.

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Key takeaways

As interim protection, till the next 15 (fifteen) days or till the next listing of the case, the Warrant of Arrest issued against the petitioner is stayed/suspended.ratio¶¶28

Detailed headnote1 paragraphs

Gauhati High Court (Mitali Thakuria, J.), order dated 06-05-2026 in AB/832/2026: Application under Section 482 BNSS, 2023 for pre-arrest bail by Fulbanu Bibi, apprehending arrest in PRC Case No. 203/2022 under Sections 366/34 IPC, pending before the learned Additional CJM, Goalpara. Though initially not named in the FIR, the petitioner was subsequently charge-sheeted and shown as an absconder; an NBWA was issued against her on 09.12.2025 although neither summons nor notice/bailable warrant had returned after proper service. Holding that NBWAs had been issued without proper service of summons, the Court did not release the petitioner on pre-arrest bail but directed her to appear before the learned Trial Court with a regular bail application within 15 days (to be considered in accordance with law), and meanwhile stayed/suspended the warrant of arrest for 15 days / till the next listing. The pre-arrest bail application accordingly stands disposed of.

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GAHC010077962026

2026:GAU-AS:6178

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/832/2026

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FULBANU BIBI W/O MOFIDUL HAQUE VILL- BUJRUK MANIKPUR P.S. KRISHNAI DIST. GOALPARA, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR F HAQUE, MR A ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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06-05-2026

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Heard Mr. F. Haque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

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2. This is an application filed under Section 482 BNSS, 2023 praying for grant

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of pre-arrest bail to the accused/petitioner, namely, Fulbanu Bibi who is apprehending arrest in connection with PRC Case No. 203/2022 , under Sections 366/34 IPC, pending in the Court of learned Additional CJM, Goalpara.

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3. An additional affidavit has been filed by Mr. Haque, learned counsel for the petitioner.

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4. It is submitted by Mr. Haque, learned counsel that the petitioner is innocent and initially her name was not in the FIR, but subsequently, along with the other accused persons she was charge sheeted showing her as an absconder. But the present petitioner was not aware about the pendency of any case against her as she was never searched by police during investigation. He further submitted that the petitioner never received any summon from the Court and subsequently it has come to the knowledge that NBWA has already been issued without even service of summons to her.

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5. However, the petitioner is ready and willing to appear before the learned Trial Court and to contest the case by appearing on each and every day to be fixed by the Court, if she is granted with some interim protection.

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6. Mr. Sarma, learned APP submitted in this regard that from the charge sheet as well as other materials it is seen that during investigation sufficient incriminating material was found against the accused persons including the present petitioner and as they were absconding during investigation, the charge sheet has to be filed showing the accused persons as absconders. However, he submitted that direction may be given to the present petitioner for appearing before the learned Trial Court with an appropriate application for regular bail.

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7. Heard the submissions made by the learned counsel for the parties, I have also perused the case record as well as the order sheets filed along with the

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additional affidavit.

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8. It is seen that the petitioner along with other persons have been shown as absconders in the charge sheet and it is also seen from the order that on 09.12.2025 NBWA was issued against the present petitioner along with others considering their absence and also considering the fact that notice as well as B/W issued against the accused persons did not return after proper service. Thus, it is seen that NBWAs were issued without proper service of summons to the accused petitioners.

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9. Considering all these aspects of the case and the submissions made by the learned counsel for the parties, the present petitioner is hereby directed to appear before the learned Trial Court with regular application for bail within a period of 15 (fifteen) days from today, which may be considered in accordance with law.

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10. However, till next 15 (fifteen) days/till next of listing of the case, the Warrant of Arrest issued against the present petitioner is stayed/suspended.

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11. This pre-arrest bail accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Fulbanu Bibi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Fulbanu Bibi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

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