AB 989/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C. seeking pre-arrest bail of t he petitioners, namely, (1) Md. Harej Ali and (2) Maznur Ali, in connection with Chandmari P.S. Case No. 126/2011 under Sections 379/411 of the IPC. Heard Mr. U. K. Barman, learned counsel for the petitioners and B.S.Sinha, learn ed Addl. P.P. for the State of Assam. Perused the case diary and the materials on record. The FIR reveals that 30 bags rice, suspected to be BPL FCI’s rice, had been seiz ed by the police, which were suspected to be stolen from FCI loaded vehicle, in front of FCI gate Bamunimaidam under CMRPS, and the rice was allegedly sold out to the accused persons. Learned counsel for the petitioners by placing a copy of the order passed by thi s Court on 05.04.2011 in B.A. No. 533 of 2011, submits that the rice, which were seized suspecting them to be stolen BPL FCI’s rice, were purchased by the accus ed persons from M/S. Sandip Traders and it was not the rice under the BPL scheme . A copy of the road challan has also been produced with the bail application a nd on the basis of which, the Court had extended the privilege of pre-arrest bai l to the accused-petitioners in that case. Considering the facts and circumstances of the case and further considering the submissions made by the learned counsel for the petitioner, I am of the view tha t the accused-petitioners may be extended the similar privilege of pre-arrest ba il. Accordingly, it is provided that in the event of arrest of the petitioners, name ly, (1) Harej Ali and (2) Maznur Ali, in connection with the case aforementioned , they shall be released on bail on their furnishing a bond of Rs.10,000/- with one local surety of the like amount each to the satisfaction of the arresting au thority on conditions that the petitioners shall co-operate with the investigati ng agency and shall make themselves available before the I.O. for interrogation as and when required. The anticipatory bail application stands disposed in terms of the above directio ns.