Md Tahidul Islam @ Tahidur Rahman v. The State of Assam

ORDER 17-12-2024 Heard Mr. N J Dutta, learned counsel for the petitioner. Also heard Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under section 482 BNSS, 2023, the petitioner, namely, Md. Tahidul Islam @ Tahidur Rahman, son of Md. Giyasuddin, resident of village-Pavakati, P.S.-Mayong, District-Morigaon has prayed for his pre-arrest bail in Mayong Police Station Case No. 72/2023 corresponding to G.R. No. 1023/2023 registered under Sections Page No.# 2/2 379/411/418 of the IPC read with Section 23 of the Petroleum Act.

¶3The Court by order dated 27.11.2024 granted interim bail to the petitioner, pursuant to which, he appeared before the concerned Investigating Officer of the case and his statement was accordingly recorded.

¶4Mr. K K Parashar, learned APP, Assam from the case diary has submitted that petroleum was recovered from the house of the petitioner that was within the permissible limit, but not thinner, as been submitted before the Court by the learned counsel for the petitioner.

¶5Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Mayong Police Station Case No. 72/2023. As such, this pre arrest bail application of the petitioner is accepted.

¶6Accordingly, the interim pre-arrest bail granted to the petitioner on 27.11.2024 in said Mayong Police Station Case No. 72/2023, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 27.11.2024, noted above.

¶7Any violation of the terms and conditions as specified in the order dated 27.11.2024, noted above, by the petitioner, namely, Md. Tahidul Islam @ Tahidur Rahman, son of Md. Giyasuddin, the pre-arrest bail granted to him in the aforementioned Mayong Police Station Case No. 72/2023 shall stand automatically vacated.

¶8This pre-arrest bail application accordingly stands disposed of.

¶9Return the case diary herewith.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010212952024 2024:GAU-AS:12852 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2865/2024 MD TAHIDUL ISLAM @ TAHIDUR RAHMAN S/O MD. GIYASUDDIN, VILL- PAVAKATI, P.S.-MAYONG, DIST- MORIGAON (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA, F KHATUN,MR. S UDDIN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK