AB 1608/2011 BEFORE THE HON’BLE MR. JUSTICE K. MERUNO Heard Mr. R.P. Sarmah, learned counsel for the petitioner and Mr. K. Munir, lear ned Public Prosecutor for the Assam, The petitioner is apprehending arrest in Tihu Police Station Case No. 37/2011 un der Sections 403/406/420/468/34 IPC and is therefore praying for pre-arrest bail under the provisions of Section 438 Cr.P.C. The learned P.P. has produced the relevant case diary. As per the learned counse l for the petitioner, who has drawn the attention of this Court to the FIR, whe rein a complaint of defrauding the bank by inserting unauthorized fraudulent tra nsactions in the computer has been made against one Sri Gautam Thakuria, who had manipulated the accounts of some depositors and in which such an amount was als o deposited in the name of the petitioner Sureswar Das and another. However, th e said FIR itself states that on having found such fraudulent entries, the petit ioner Sureswar Das and Mukunda Talukdar have also refunded amount of Rs. 1,70,00 0/- and 47,000/- respectively to the bank. The main complaint is against the sai d Gautam Thakuria, who is a Software Engineer. The learned P.P. as per the case diary, submits that the petitioner has deposited the said amount as stated in th e FIR, but the main person who is stated to be involved in the said fraudulent t ransactions and committed fraud with the bank is still at large. After hearing the learned counsels appearing for the parties and also on the sub missions of the learned P.P., who has made a statement as per the case diary whi ch this Court presumes to be true statement, it is apparent that the petitioner is not directly involved in the case and as such is entitled to be enlarged on b ail. In the premises, therefore, the petitioner is allowed to go on pre-arrest b ail and in the event of his arrest in connection with Tihu Police Station Case N o. 37/2011 under Sections 403/406/420/468/34 IPC, the petitioner shall be releas ed on executing a bond of Rs. 20,000/-(Rupees twenty thousand and a surety of the like amount to the satisfaction of the arresting authority. With the above direction, this bail application stands disposed.