Rumi Kumari Phukan, J.

The accused petitioner, Pratik Agarwal was arrested on 21.03.2017, in connection with Jalukbari P.S. Case No. 257/2017 u/s 120B/420/406 IPC and a bail application was preferred before this Court which was registered as BA No. 311/2017 and this Court by an order dated 27.03.2017, granted him bail. At the time of preferring the bail petition, the learned counsel for the petitioner has submitted that in fact the accused preferred an anticipatory bail application in connection with Jalukbari P.S. Case no. 216/2017 u/s 406/420 IPC and he was granted interim bail by the order of the Court below on 17.03.2017 with a direction to the petitioner to appear before the I.O. Accordingly, on 21.03.2017 at 11 a.m., the accused petitioner went to the Jalukbari P.S. as per direction of the Court then on the same day at about 2.00 p.m. the petitioner was arrested in connection with the Jalukbari P.S. Case No. 257/18 without serving any notice u/s 41A of Cr.P.C. It has been assailed that the conduct of the I.O. is not justifiable because FIR was filed on the same day when the petitioner went to the Police Station in connection with Jalukbari P.S. Case No. 216/2