AB 2737/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. P. Kalita, learned counsel for the petitioner and Mr. B.B. Gogoi, lear ned Addl. P.P. for the State of Assam. The petitioner, Sri Biswajit Das apprehending his arrest in connection with Chay gaon P. S Case No. 164 of 2010 registered under Section 365/323/34/120(B)/302/20 1 IPC has approached this court praying for grant of privilege of pre arrest bai l to him. The aforesaid case has been registered on the basis of the FIR lodged on 26-08-2 010 with the Officer-in-Charge of Chhaygaon police station, wherein it has been alleged that while Arup Kalita and Dhiren Mali had been to Kukurmara Forest Beat Office to inform about smuggling of timbers through sand carrying trucks, they were severely assaulted by the employees of the Kukurmara Forest Beat Office. Ho wever, Arup Kalita somehow slipped away and then missing. Later dead body of sai d Arup Kalita was discovered in a pond situated near by Kukurmara Forest Beat. I n connection with aforesaid police case some forest officials were also arrested . This petitioner is the General Secretary of the Sand Truck Owner’s Welfare Ass ociation. From the materials available in the case diary it appears that this petitioner w as amongst the persons gathered at the place of incident. Except this statement no other statement is available as against this petitioner. In view of all these matters, this court finds no impediment to provide privileg e of pre arrest bail to the petitioner. Accordingly, this petition is allowed wi th a direction that in the event of arrest of the petitioner above named, in con nection with aforesaid case, he shall be released on bail for Rs. 10,000/- with one surety of the like amount, subject to the satisfaction of the arresting auth ority with condition that he shall appear before the Investigating Officer withi n a period of 7(seven) days from today for recording his statement and he shall assist the Investigating Officer as and when required. Bail application stands disposed of.