Manabendra Thakuria and Anr v. The State of Assam

ORDER

28.08.2024 Heard Mr D K Das, learned counsel for the petitioners, 1) Manabendra Thakuria and Page No.# 2/3 2) Jatin Kalita, who have filed this application Section 482 of the BNSS, 2023, with payer for pre-arrest bail, as they are apprehending arrest in connection with Palashbari PS Case No. 247/2024, under Section 381 of the Indian Penal Code, 1860.

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶3The allegation against the petitioners is that a security service agency was appointed by the Liquidator Sudha Sarma, who took possession of various machinery items, pipes and other construction materials belonging to NIPL, which was dumped at Kukurmara. Certain machineries, papers as well as pipes, construction materials and scraps were stolen from the site on 30.06.2024. Two accused have been arrested.

¶4The present petitioners are apprehending arrest as the Police has visited them.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary, against the petitioner No. 1.

¶6I have also scrutinized the Case Diary.

¶7Indeed there are incriminating materials in the Case Diary against the petitioner No.

¶1At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner No. 1, Manabendra Thakuria. Hence, the petition, so far as the petitioner No. 1 is concerned, stands rejected at this stage.

¶8Meanwhile, in the event of his arrest, the petitioner No. 2, Jatin Kalita, shall be enlarged on bail of Rs 30,000/-(Rupees Thirty Thousand), with a suitable surety of the like amount, to the satisfaction of the arresting authority, under the conditions that-

i) the petitioner No. 2 shall appear before the IO within one week and Page No.# 3/3 cooperate with the investigation,

ii) the petitioner No. 2 shall refrain from such activities with which he is alleged, and

iii) the petitioner No. 2 shall not leave the jurisdiction of the Court, without prior permission.

8.1. On breach of any of the bail conditions, interim pre-arrest bail order shall automatically stand cancelled.

¶9Anticipatory Bail Application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010167672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2182/2024 MANABENDRA THAKURIA AND ANR. S/O SIDDHESWAR THAKURIA R/OVILL- SANPARA P.O. JHAROBARI, P.S. PALASHBARI, PIN- 781122 2: JATIN KALITA R/O VILL- BORTEZPUR P.O. KUKURMARA P.S. PALASHBRI PIN-781134 DIST. KAMRUP ®, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D K DAS, MS. M HANDIQUE,MR P P MEDHI,MR G BARGAYARY Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND