AB 64/2010 BEFORE HON’BLE MR JUSTICE H.N.SARMA Heard Mr R.Ali, learned counsel for the petitioner. Also heard Mr K. Munir, lear ned Addl. Public Prosecutor, Assam. By this application under Section 438 Cr.P.C, the petitioners, namely, 1 ) Md Putin Ali 2) Md. Babu Ali 3) Md. Bahar Ali 4) Md. Soleman Ali and 5) Md. Kh ansur Ali have prayed for releasing them on bail in the event of their arr est in connection with Nalbari PS Case No.466/2010 under sections 143/447/323/3 25/326/506 IPC. The learned Addl. Public Prosecutor procuring the case diary, has highli ghted the materials so far collected by the I.O. during the course of investigat ion including the injury report of the victim. The injury report discloses that the victim sustained grievous injury. The I.O. has recorded the statement of the accused petitioners during the course of investigation under Section 161 Cr.P.C , which supports the allegation levelled in the FIR against the petitioners. In view of the existence of sufficient incriminating materials against t he petitioners as well as the nature of the injury sustained by the victim, I am of the considered opinion that the privilege of pre arrest bail is not extendab le to the petitioner. Accordingly, the prayer for pre arrest bail is rejected. The interim ord er dated 26.11.2010 stands vacated.