Dipak Patowary v. The State of Assam

ORDER Date : 18-11-2024 Heard Mr. M. Nath, learned counsel for the petitioner, Dipak Patowary, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Dhubri PS Case No. 268/2024, registered under Sections 420/408 of the Indian Penal Code, Page No.# 2/3 1860.

¶2Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam.

¶3The FIR unfolds that the driver, Jamal Badsha @ Badsha took a vehicle on rent for Rs. 12,000/- and thereafter, after removing the GPS and Fast Tag Card from the vehicle, i.e., a truck bearing Registration No. AS-17C6217, the mobile phone of Jamal Badsha was found to be switched off.

¶4After the lodgment of the FIR, investigation commenced and finally, accused Jamal Badsha who had taken away the truck was arrested and forwarded to custody and the truck was also recovered. After the recovery of the truck, it was noticed that the number of truck was manipulated and changed in the petitioner's office. The petitioner then issued a notice to the Junior Assistant, Babu Lal Narzary, who has given a show-cause reply relating to his involvement in the re-registration and re-assignment of the number of the truck.

¶5Annexure-7 is the show-cause reply of the Junior Assistant, Babul Lal Narzary, who has admitted that he did not properly verify the documents and this resulted in the re-registration and re-assignment of the number of the truck.

¶6Learned Additional Public Prosecutor has submitted that the petitioner has appeared before the Investigating Officer and has cooperated with the investigation.

¶7I have scrutinized the Case Diary. Indeed the petitioner has appeared before the Investigating Officer. He has cooperated with the investigation. He Page No.# 3/3 has not violated any bail conditions. Therefore, the interim order dated

06.09.2024 is hereby made absolute under the same terms and conditions.

¶8In terms of above observation, this Anticipatory Bail application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010183732024 2024:GAU-AS:11173 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2368/2024 DIPAK PATOWARY S/O LATE BISOY CHANDRA DAS R/O REHABARI, SUHAGPUR, P.O. REHABARI, P.S. PALTAN BAZAR, GUWAHATI-781008, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D P BORAH, MR U GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND