AB 1538/2011 BEFORE HON BLE MR. JUSTICE A.C.UPADHYAY This is an application under Section 438 Cr.P.C. seeking pre arrest bail in favo ur of the petitioner, Sri Hiten Roy in connection with Kokrajhar PS Case No.159 /2010 registered under section 387 IPC R/W section 25(1-B) of Arms Act. Heard Mr SK Ghosh, learned counsel for the petitioner and Mr BS Sinha, l earned Addl. Public Prosecutor, Assam. Perused the case diary and the materials on record. The FIR filed by th e first informant reveals that on the date of the occurrence the vehicle of the informant was hired from Joigaon to Bongaigaon. At about 6.30 p.m. the first in formant stopped his vehicle at Kokrajhar petrol pump for filling petrol. There were four persons in the car and two of them got down from the vehicle before re aching the petrol pump. Thereafter, when the informant asked them for making pa yment at the petrol pump, the remaining two persons tried to flee away from the car. The informant caught one person and the another person somehow managed to e scape. The informant handed over the said person to the police personnel present in the said petrol pump. In the FIR it was also stated by the informant that th e persons who hired his car asked to stop the vehicle two/three times, but did not do so and he saw one pistol in their hand. Considering the facts and circumstances of the case leading to the filin g of the FIR and further considering the progress of the investigation of the ca se and also considering the gravity of the offence alleged against the petitione r, in my considered view there are sufficient incriminating materials against t he petitioner warranting his custodial interrogation. In view of the above, the prayer for pre arrest bail stands rejected. Th e interim bail granted on 6.6.2001 stands vacated.