ORDER :

1. Leave granted.

2. The appellant is aggrieved by an order dated 17th December, 2021, passed by the Gauhati High Court on an application filed by him¹ [under Section 439 Code of Criminal Procedure, 1973 for short ‘the Cr.P.C.’] seeking regular bail in Sootia Excise Circle Case No. 181/2021-22² [registered under Section 53(1)(a) of the Assam Excise (Amendment) Act, 2018]. The High Court has expressed a view that appropriate legal action ought to be initiated against the appellant and those who had tried to misuse the process of law by filing application for bail in two different fora in respect of the very same crime.

3. It may be noted as a background that a bail application was filed by the appellant before the learned Sub Divisional Judicial Magistrate, Biswanath Chariali on 27th October, 2021 in connection with the same case which was rejected.

4. The first bail application moved by the appellant before the High Court was dismissed.³ [on 11th November, 2021] In the second bail application moved by the appellant⁴ [on 24th November, 2021] notice was issued and the High Court had called for the records on 30th November, 2021.

5. On 01st December, 2021, without awaiting the outc