AB 2616/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner, Sri Manoj Agarwala, praying for bail, apprehending his arrest, in connectio n with Basistha PS Case No. 493/11 under Section 408/379 IPC. Heard Mr. D. Duara, learned counsel for the petitioner and Mr. B S Sinha, learned Addl. PP, Assam. The case diary has not been produced despite repeated requisitio n. The prosecution case is that the informant’s truck went missing along with loaded rice. The truck was stolen on 17.7.2011. Thereafter, the truc k was recovered in Meghalaya and four persons were arrested. Mr. Duara, learned counsel submitted that one of the arrested pe rsons, namely Zakir Hussain, had business dealing with the petitioner. The said accused used to purchase bricks from the petitioner and when the petitioner sto pped selling bricks on credit, Zakir Hussain must have implicated the present pe titioner. According to the learned counsel, the petitioner is having brick kiln at Nagaon and is not involved in the offence. According, the interim bail granted on 26.8.2011 is hereby made absolute. The petitioner is directed to appear before the I.O. within ten days, if not appeared so far. With the aforesaid directions, the bail application stands dispo sed of.