AB 781/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Ms. N Jahan, learned counsel for the petitioner. Also heard Mr. BS Sinha, learned Additional Public Prosecutor for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioner namely, Tileswar Swargeary seeking pre-arrest bail apprehending his arres t in connection with Samaguri Police Station Case No. 1 of 2011 under sections 3 41/302/34 of the Indian Penal Code . Also perused the case diary. As per the eyewitnesses, the accused Ranjit Swargeyari assaulted the deceased wi th a lathi. However, the said accused is still absconding and he could not be ar rested. Hence, an opinion could be drawn that if the present petitioners are als o granted anticipatory bail, they will also jump bail. Accordingly, prayer for bail is rejected.