AB 2163/2011 BEFORE THE HON’BLE MR JUSTICE H. BARUAH Heard Mr. A.M. Bora, learned counsel for the petitioners and Mr. K. Munir, learn ed Addl. P.P, who accepts notice on behalf of the State of Assam. Juria Police Station Case No. 160 of 2011 having been registered by the Officer- in-Charge of that police station under Section 394 IPC on the basis of an inform ation in writing lodged by one Md. Sahidul Islam, the petitioners, namely, (1) M d. Idrish Ali, (2) Md. Abu Hanifa, (3) Sahajuddin Ali and (4) Md. Sukur Ali appr ehending their arrest have approached this court by filing this application unde r Section 438 Cr. P.C prying privilege of pre arrest bail to them. Mr. A. M. Bora, learned counsel for the petitioners submits before this court th at the First Information is lodged by the informant actuated by grudge against t he petitioners. It is also submitted by him that there was money transaction bet ween Md. Idrish Ali and first informant, Md. Sahidul Islam, Sahidul Islam being unable to pay the money on demand by Mr. Idrish Ali, one of the petitioners here in this case has been saddled on them. In view of the submissions advanced by Mr. Bora, the materials available in the case diary are meticulously perused and this court does not find any cogent and sufficient ground to reject the application under Section 438 Cr.P.C since the m aterials available do not reveal anything about snatching of the money and other belongings from the first informant and his wife including cash. The injury rep ort also discloses that no such injury could be detected/discovered on the perso n of the first informant while under examination. Taking note of all the matters in its entirety, this petition is allowed with a direction that in the event of arrest of the petitioners above named in connecti on with aforesaid case, they shall be released on bail for Rs. 10,000/- each wit h one surety of the like amount, subject to the satisfaction of the arresting au thority. Application stands disposed of.