MUNNA KUMAR v. THE STATE OF ASSAM

MUNNA KUMAR S/O SRI NEVALAL PRASAD R/O VILL- JHITAKHIYAN P.O. JHITAKHIYAN P.S. RAJEPUR DIST. EAST CHAMPARAN, MOTIHARI STATE- BIHAR PIN-845407 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR W R MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

31.03.2023 ORDER Heard Mr. A.V. Singh, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre- Page No.# 2/2 arrest bail to the petitioner, namely Munna Kumar, apprehending arrest in connection with Teok P.S. Case No. 246/2022 registered u/s 468/471/379/411/34 of the IPC read with Section 23(1)(a) of the Petroleum Act,

#1934. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 20.01.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. R.J. Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated 20.01.2023 is hereby made absolute, subject to the following conditions- (i) That the petitioner shall co-operate in investigation as and when required; and (ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes off the anticipatory bail application. Comparing Assistant JUDGE