AB 298/2010 BEFORE HON’BLE MR JUSTICE H.N.SARMA Heard Mr S.Saikia, learned counsel for the petitioner. Also heard Mr K.Munir, l earned Addl. Public Prosecutor, Assam. By this application under Section 438 Cr.P.C, the petitioner, Md Nazir A hmed, has prayed for releasing him on bail in the event of his arrest in connect ion with Behali PS Case No.174/2010 under Section 379 IPC read with Sections 40/ 41 of Assam Forest Regulation. The allegation against the petitioner is that six pieces of wood belongi ng to Social Forestry Department were stolen and after necessary search the sam e were recovered from the house of the petitioner. Accordingly, the police has r egistered the case under the aforesaid sections of law. The allegation against the petitioner is very specific and the offence being relatable to the Social Forestry Department, I am of the considered opinio n that this is not a fit case where the privilege of pre arrest bail under sect ion 438 Cr.P.C. can be extended to the petitioner. Accordingly, this petition is disposed of with a direction to the petiti oner to surrender before the learned Chief Judicial Magistrate, Sonitpur at Tezp ur and apply for regular bail. In the event of appearance of the petitioner and making such an application, the learned Chief Judicial Magistrate shall pass app ropriate orders thereon that may be justified in law and on facts. The bail application is disposed of.