AB 1858/2011 BEFORE HON’BLE MR. JUSTICE U.B. SAHA The instant application u/s 438 CrPC is filed by the petitioners, namely , Jagadish Baniya, Dharamjit Baniya and Mithun Baniya for granting them bail in the event of their arrest in connection with Lakhipur PS Case No.140/11 u/s 147/ 148/149/447/448/326/307/302/379/380/427/376/511/323/387 IPC. Mr. AM Bora, learned counsel appearing for the petitioners submits that from the FIR it appears that near about 400 to 500 unknown persons have trespass ed the house of the informant and killed his brother and injured other family me mbers, but the present petitioners are no way involved with the alleged offence. He further submits that if there is nothing in the case diary against the peti tioners, they may be released u/s 438 CrPC. Mr. BS Sinha, learned Addl. PP, Assam, while producing the case diary su bmits that an arrested accused made a statement before the I/O of the case that the present petitioners are not involved in the alleged offence and the I/O of t he case also recorded the statement of that accused u/s 161 CrPC. He further su bmits that there is no material in the case diary against the present petitioner s. Normally this Court, in murder cases, do not grant bail u/s 438 CrPC, but when t here is no material in the case diary against the present petitioners, it would not be proper for this Court to reject the prayer for bail. Accordingly, it is directed that the petitioners, namely, 1) Jagadish Baniya, 2) Dharamjit Baniya and 3) Mithun Baniya, shall be released in the event of their arrest in connection with the aforesaid case, on furnishing bail bond of Rs.20,0 00/-each with two local sureties of the like amount each to the satisfaction of the arresting authority on further conditions that the petitioners shall appear before the I/O of the case once in a month till completion of the investigation and they shall not leave the jurisdiction of the State of Assam without prior pe rmission of the CJM, Cachar, Silchar. With the aforesaid order, this bail application is allowed and according ly the same stands disposed of.