AB 212/2010 BEFORE THE HON’BLE MR JUSTICE K.MERUNO Heard Mr.S.K.Talukdar, learned Counsel appearing for the petitioner and Mr. B.S. Sinha, learned Addl.P.P.for the State. This application under Section 438 Cr.P.C. has been filed by the petiti oner Shri Surendra Nath Roy for grant of pre-arrest bail in connection with CID P.S. Case No. 58/10 under Section 120 (B)/379/411/285 IPC read with Section 7 of the Essential Commodities Act. The FIR is pertaining to pilferage of petroleum products (oil) which was filled with , one Oil Tanker bearing AS 14 C/1244, by one Nripen Rava and othe rs. The said truck and the petroleum products in the Oil tanker has also been s eized and the driver, who is the petitioner of the said truck, apprehending arr est in connection with this case. The learned Addl.P.P,Assam has also produced the Case Diary. On perusal pf the Case Diary, it reveals that the statement of the petitioner has not been recorded .It is also brought to the notice that the other co-accused persons a lso obtained bail and therefore, the petitioner being only the driver of the tru ck and not the owner of the petroleum products and that the petitioner has alrea dy enter into an agreement with the owner of the tanker not to indulge any unlaw ful activities , I am of the considered opinion that the petitioner can be enla rged on pre-arrest bail as provided under Section 438 Cr.P.C. Accordingly, it is provided that the petitioner ShriSurendra Nath Roy i n the event of arrest, he shall be released on bail on furnishing a Bail Bond of Rs.10,000/- with one local surety of the like amount to the satisfaction of the arresting authority on conditions that he shall appear before the Investigating Officer within 7 days from to-day for recording his statement and that he shall co-operate with the investigation. With the above directions, this bail application stands allowed and disp osed of.