BOLINDRA DEORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the petitioners and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 438, Code of Criminal Procedure, 1973 ['CrPC' and/or 'the Code', for short], the petitioners viz. 1) Bolindra Deori and 2) Luhit Deori have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Gogamukh Police Station Case no. 171/2021 registered for offences punishable under Ss. 379/279, Indian Penal Code r/w Sec. 7 of the Essential Commodities Act.

(3.) The informant had lodged the First Information Report [FIR] on 1/9/2021 alleging inter alia that on 31/8/2021, two petitioners in collusion with each other were trying to transport a few bags of rice. Further allegation is to the effect that the rice bags, suspected to be of Cooperative Society, were intercepted by local people and handed over to police.