AB 2536/2011 BEFORE THE 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 petitioner, namely, Md. Jakir Hussain, in connection with Nagarbera P.S. Case No. 39/2011, under Sections 379/411 IPC. Heard Mr. A. Paramanik, learned counsel for the petitioner, and Mr. B.S. Sinha, learned Addl. P.P. for the State of Assam. The FIR reveals that the accused persons named in the FIR allegedly stole away a cow of the complainant from his cow shed and kept it in the house of the petiti oner. However, after due search, the complainant recovered the cow from the cows hed of the petitioner. Learned counsel for the petitioner has submitted that though the cow may have be en recovered from the cow shed of the petitioner, the petitioner is not at all i nvolved in the theft of the cow. Considering the facts and circumstances leading to the filing of t he FIR and further considering that there is no sufficient incriminating materia l, warranting custodial interrogation of the petitioner, I am of the considered view that this is a fit case where the petitioner can be extended the privilege of pre-arrest bail in connection with the aforementioned case. Accordingly, it is provided that in the event of arrest of the pet itioner, namely, Jakir Hussain, in connection with the case aforementioned, he s hall be released on bail on his furnishing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the arresting authority on condition that he shall cooperate with the Investigating Officer and shall make himself av ailable before the Investigating Officer of the case as and when required. This bail application is disposed of in terms of above directions.