AB 3483/2011 BEFORE HON’BLE MR JUSTICE BD AGARWAL This application under Section 438 of the Cr.P.C. has been field by the accused petitioners namely, Dipak Bania and Baba Saikia seeking pre-arrest bail apprehen ding their arrest in connection with Paltan Bazar PS Case No. 921 of 2011 und er Section 395 of the IPC. Heard Mr. A Sarma, learned counsel for the petitioner and Mr . BB Gogoi, learned Addl.P.P. for the State. Perused the case diary. The informant’s case is that while he was staying at Rashmi Hote l, Rajgarh Road, Bhangagarh, 5 persons including two traffic constables trespass ed in his room and snatched four numbers of mobile handset. During the course of investigation, the I.O. has arrested two police constables and also examined other witnesses . Mr. Gogoi, Addl.P.P. submitted that one of arrested constables Mintu Ali has thoroughly corroborated the allegation of dacoity. The said accused has given vivid discussion as to how the petitioner No.1 Dipak Bania committed the offence. Besides this, Mintu Ali’ s wife has also handed two mobile handset to the I.O. which were looted from th e informant. The above apart, the petitioner Dipak Bania has not explained a s to who had deputed him to go to the Rashmi Hotel at the relevant time. Be that as it may, in view of sufficient evidence available a gainst the petitioner No.1 Dipak Bania and considering the serious nature of cri me, his prayer for bail is rejected. Hence, he is directed to appear before the I.O. immediately. However, the name of petitioner No.2 Baba Saikia has not been named by the witnesses who have been examined by the I.O.. Hence, interim bail granted to the petitioner No. 2 on 02.11.2 011 is hereby made absolute. However, if the I.O. finds sufficient evidence agai nst the petitioner No.2 Baba Saikia, he shall be at liberty to file application before this Court for cancellation of anticipatory bail. Interim bail granted to petitioner No.1, Dipak Bania stands cancelled. The Registry is directed to furnish a copy of this Order to the Superintendent of Police, Kamrup ( Metro) immediately for information and neces sary action at his end. With the aforesaid directions, the bail application stands di sposed of.