AB 3384/2011 BEFORE THE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. R.P. Sharma, learned senior counsel appearing for the petitioners. Al so heard Mr. B.B. Gogoi, learned Addl. P.P. appearing on behalf of the respon dent State. Perused the C.D. This application has been filed u/s. 438 Cr.P.C. seeking pre-arrest bail in favour of the accused/petitioners, namely; Sri Binoy Biswas and Sri Ram Kri shna Biswas in connection with Morigaon P.S. Case No. 211/2011 u/s. 379 IPC. The allegation made in the FIR is that the petitioners on 14.10.2011 had taken a way 30 numbers of Bamboo from the premises of the informant namely Bhaskar Das a nd kept those bamboos in their campass. It is stated that the value of the said bamboos would be around Rs. 3,500/-. The learned senior counsel appearing for th e petitioner referring to the FIR dated 14.10.2011 filed by Smti. Runa Biswas, w ife of petitioner No. 1 has submitted that the informant aforesaid on 14.10.2011 at about 11-30 a.m. committed trespass into the campass of the petitioner and had demolished a boundary fencing. The learned senior counsel has submitted that the informant of this case has filed the present FIR falsely after two days of the filing of the FIR against the informant only to cover the misdeed of the inf ormant. Having heard the learned counsel appearing for both the parties, and considering the nature of allegations and the facts and circumstances of this case, I am of the opinion that custodial interrogation of the petitioner, who is on interim b ail w.e.f. 24.10.2011, is not necessary for the purpose of investigation. Therefore, the prayer for anticipatory bail is allowed. Consequently the interim order dated 24.10.2011 is made absolute subject to condition that the petitione r shall not interfere with the investigation in any manner and he shall not inti midate any person connected with this case. With the above directions, this bail application is disposed of. Return the C.D .