Page No.# 1/3 GAHC010274742024 2025:GAU-AS:3382 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3384/2024 MANIK MAZUMDAR S/O LATE KAJALU MAZUMDAR RESIDENTOF VILLAGE HAKKHABARI, PO RANI PS PALASHBARI, DIST KAMRUP ASSAM 781131 VERSUS THE STATE OF ASSAM REP BY FOREST DEPT, GAUHATI HIGH COURT, ASSAM Advocate for the Petitioner : MR. L N DIHINGIA, MR A BARUAH Advocate for the Respondent : SC, FOREST, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 25-03-2025 Heard Mr. A. Baruah, learned counsel for the petitioner and Mr. I. Borthakur, learned Standing Counsel, Forest Department. 2. Apprehending his arrest, the petitioner, namely, Sri Manik Mazumdar, son of late Kajalu Mazumdar, resident of Village-Hakkhabari, P.O.-Rani, Police Station-Palashbari, District- Page No.# 2/3 Kamrup, assam, has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in Range Forest Office; Rani Range Memo No.R/Notice/2024/886 registered under Sections 40/41 of the Assam Forest Regulation 1891 dated 16.12.2024 in connection with seizure of vehicle loaded with swan timber at Paglibagar area near Assam-Meghalaya Border on 13.12.2024. 3. It is stated that on 15.12.2024 a visual was aired/circulated in DY365 with regard to seizure of the vehicle loaded with swan timber, noted above. 4. The Court while calling for the offence report by order dated 20.12.2024 granted interim pre-arrest bail to the petitioner in said Range Forest Office; Rani Range Memo No.R/Notice/2024/886. 5. Mr. Borthakur, learned Standing Counsel, Forest Department submitted that pursuant to the interim bail, the petitioner appeared before the concerned Range Officer-cum- Investigating Officer of the case and his statement has been recorded. 6. Mr. Borthakur, learned Standing Counsel, Forest Department from the case records submitted that the concerned truck along with the swan timber have already been seized and there is nothing adverse against the petitioner in the case diary. 7. Considering 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 Range Forest Office; Rani Range Memo No.R/Notice/2024/886. As such, this pre-arrest bail application of the petitioner is accepted. 8. Accordingly, the interim pre-arrest bail granted to the petitioner namely, Sri Manik Mazumdar, son of late Kajalu Mazumdar on 20.12.2024 in said Range Forest Office; Rani Range Memo No.R/Notice/2024/886, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 20.12.2024 and on compliance of the following conditions that the petitioner – (i) shall not leave the territorial jurisdiction of the Range Forest Office, Rani Range, Rani, Kamrup Divisioni/Circle, without obtaining prior written permission from the concerned Range Officer-cum-Investigating Officer of the case; (iii) shall not hamper with the investigation or tamper with the evidence of the case and further (v) shall not indulge himself in any such criminal activities, in future. Page No.# 3/3 9. Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 20.12.2024, noted above, by the petitioner, named above, the pre-arrest bail granted to him in the aforementioned Range Forest Office; Rani Range Memo No.R/Notice/2024/886 shall stand automatically vacated. 10. This pre-arrest bail application accordingly stands disposed of. 11. Return the case diary herewith. JUDGE Comparing Assistant