AB 2872/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. A.M. Bora, learned counsel for the petitioner and Mr. K. Munir, learne d Addl. P.P for the State of Assam in the matter of the application under Sectio n 438 Cr. P.C filed by the petitioner, Sri Nayan Moni Mahanta apprehending his a rrest in connection with Dibrugarh P.S Case No. 300 of 2011. From the facts it appears that Sri Palash Jyoti Sarmah is the proprietor of Fine cure Pharmaceutical Limited and Shree Bishnu Whole Sale Agency situated at Nazir a, Sivsagar, Assam. He applied for loan for purchase of Astha Hospital at Dib rugarh to the State Bank of India, Guwahati branch. Sanction of the loan being i nformed by one Niranjan Talukdar, the petitioner along with others namely, Samir Kumar Barthakur and Uttam Kr. Agarwal had been to Guwahati to take information. Said Niranjan Talukdar when met instructed them to post a copy of one bank stat ement and the trade licence. Accordingly, he has written a letter to AGM, SBI, D ibrugarh branch for a clarification whether, the loan has been sanctioned or not . Ultimately, the sanction of the loan turned fake. Accordingly, the Asstt. Gene ral Manager, SBI Dibrugarh branch lodged an FIR with the Officer-in-Charge of Di brugarh Police Station and the same is registered as Dibrugarh P. S Case No. 300 of 2011. The petitioner being apprehensive of arrest in connection with the aforesaid cas e filed this petition under Section 438 Cr. P.C to provide him pre arrest bail. This court while taking up the bail application at the motion stage by an order dated 14-09-2011 provided interim bail to the petitioner taking into considerati on the records available on that point of time. Case Diary is available and perused the materials contained therein. This court finds no sufficient grounds to show complicity of the accused in the case as ind icated above. Taking note of all the matters in its entirety, this court finds no ground to re ject the application for bail. Bail application is allowed. Interim provided vid e order dated 14-09-2011 is made absolute. Bail application stands disposed of.