AB 2170/2011 BEFORE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. A. Matin, for th e petitioner. Also heard Mr. K. Munir, learned Addl. Public Prosecutor for the S tate of Assam. Sonapur P.S. Case No. 157/2010 was registered on the basis of First Information Report lodged by one Ruhul Amin, wherein it is inter alia alleged that on 1.10. 2010 at 7.30 A.M. the persons whose names are indicated therein assaulted one Za kir Hussain, who had to be taken to Sonapur PHE for his treatment. He was therea fter referred to Gauhati Medical College Hospital, Guwahati, but while undergoin g treatment, he succumbed to his injuries. The petitioner herein is the son of Md. Shafiqur Rahman @ Shafique Mia(Haji). He being apprehensive of registration of Sonapur P.S. Case No. 157/2010 under Sect ions 147/148/149/341/448/326/380/302 IPC, filed this petition u/s 438 CrPC to pr ovide him the privilege of pre-arrest bail. It is submitted by Mr. HRA Choudhury, learned senior counsel that the petitioner was not involved in the assault of Zakir Hussain on the alleged time and date. He is innocent. The petitioner being in that position is entitled to the privile ge of pre-arrest bail. Mr. K. Munir, learned Addl. P.P., in his usual fairness, submits before this Cou rt that the materials so far collected by the Investigating Officer do not show any involvement of this petitioner in the assault of Zakir Hussain, who succumbe d to his injuries subsequently. In view of the non-availability of the materials in the case dairy, this petitio n is allowed. In the event of arrest of this petitioner namely Md. Jahir Ahmed Laskar in conne ction with Sonapur P.S. Case No. 157/2010, he shall be released on bail of ‘15,000/- with a surety of the like amount to the satisfaction of th e arresting authority. Further direction is given to the petitioner to appear be fore the Investigating Officer within a period of 7 days from today for recordin g his statement. With these directions, this bail application stands disposed of.