Gauhati High Court
Bikesh Kumar Thakur vs The State Of Assam on 28 April, 2023
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GAHC010088512023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1505/2023
BIKESH KUMAR THAKUR
S/O NANDU THAKUR, R/O BOKAJAN TOWN WARD NO. 4, DIST-KARBI
ANGLONG, P.O.-BOKAJAN, PIN-782480, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. D HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
28. 04. 2023 Heard learned counsel for the petitioner. Also heard Mr. B Sarma, the learned Additional Public Prosecutor for the State of Assam.
By this application under Section 438 Cr.P.C., the petitioner, namely, Bikesh Kumar Thakur is seeking pre-arrest bail in connection with Dillai PS Case No. 01/2023 under Section 379/411/414/171E/34 IPC read with Section 53(1)(a) of Page No.# 2/3 Assam Excise Act.
In view of the allegation, this Court is inclined to call for the case diary fixing 22.05.2023.
The learned counsel for the petitioner submits that the petitioner is the owner of one of the vehicles from where the liquor has been seized. It is also contention of the petitioner that the petitioner was not aware that his vehicle was carrying the alleged liquor and such liquor were carried by the driver without any information to him. He further contends that the arrested driver of the vehicle has already been released on bail and the owner of the alleged liquor has also been protected by this court under order dated 06.02.2023 passed in AB 310/2023.
Considering the aforesaid submissions, this court is of the opinion that the petitioners have been able to make out a case for grant of interim protection.
Accordingly, in the interim, it is provided that, in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.10,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. The pre-arrest bail is granted on the following conditions:
(1) The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge, (2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, (3) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted Page No.# 3/3 with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, (4) The petitioner shall appear before the Dillai Police Station within 10(ten) days from today and record his statement, (5) The petitioner shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of first appearance till such time the attendance is dispensed with by the said investigating officer.
List this matter along with AB 310/2023.
JUDGE Comparing Assistant