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Gauhati High Court

Jiyabur Rahman vs The State Of Assam on 6 January, 2023

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                     Page No.# 1/2

GAHC010001722023




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

                                   Case No. : AB/31/2023

            JIYABUR RAHMAN
            S/O- ALI AKBAR,
            R/O- HATIKHUTI,
            P.S- KACHUA,
            DIST- NAGAON , ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM



Advocate for the Petitioner   : MR. A AHMED

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 06.01.2023 Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.

By this application under Section 438, Code of Criminal Procedure, 1973 Page No.# 2/2 [CrPC], the petitioner viz. Jiyabur Rahman has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Kachua Police Station Case no. 121/2022, registered for offences punishable under Sections 120B/420/489A/489C/489E, Indian Penal Code [IPC] for the second occasion after rejection of his earlier bail application, A.B. no. 3022/2022 by an order dated 28.11.2022 after perusal of the materials in the case diary.

The only ground which has been urged by the learned counsel for the petitioner for re-consideration of the prayer for pre-arrest bail is that on the earlier occasion when the bail application was considered, the report as regards the alleged fake Indian currency notes, seized in connection with the case, was not available.

List the case on 31.01.2023 for production of the case diary along with the report as regards the alleged fake Indian currency notes.

JUDGE Comparing Assistant