AB 1133/2011 BEFORE THE HON’BLE MR JUSTICE C.R.. SARMA Heard Mr. B.D. Konwar, learned counsel, appearing for the petitioner. Also heard Mr. K. Munir, learned Addl. Public Prosecutor, appearing for the State-responde nt. By this application, filed under Section 438 Cr.P.C., the petitioner, namely Sri Dulal Deka, has prayed for pre-arrest bail, in connection with Sarthebari P.S. Case No.76/2011, under Sections 406/409/420/34 IPC. Perused the Case Diary. The petitioner is on interim bail w.e.f. 03.05.2011. The allegation made against the petitioner, as revealed from the FIR, is that, on 21.04.2011, at about 8.00 am, the petitioner along with another lady was foun d carrying 12 bags of cotton yarns to Nalbari town for the purpose of selling th e same. According to the complainant, who is a private person, the said yarns were Gover nment property, meant for distribution amongst the poor weavers of Sarthebari Co nstituency and that the same were allotted by the Government. From the record, it appears that the FIR was lodged by a private person and no G overnment authority has come forward alleging misappropriation of public propert y by the petitioner. Having heard the learned counsel, appearing for the parties and considering the entire aspect of the matter, I am of the opinion that, release of the petitioner on pre-arrest bail will not adversely affect the investigation. Accordingly, the interim order, dated 03.05.2011 is made absolute, subject to th e condition that, the petitioner shall make himself available before the Investi gating Officer as and when so required for the purpose of investigation. With the above direction, this A.B. Application is disposed of. Return the Case Diary.