AB 2869/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 CrPC seeking pre-arrest bail by th e petitioner, namely, Sri Sanjay Kumar Sarkar, in connection with Noonmati Polic e Station Case No. 153/2011 (G.R. Case No. 4212/2011), under Section 120(B)/406/ 420 of the IPC, read with Section 4/5/6 of the Prize Chits and Money Circulation (Banning) Act, 1978. Perused the above application and materials on record. Also perused the relevant case diary along with the order, dated 16.06.2011, passed in AB No. 14 55/2011, whereby the petitioner’s earlier application for anticipatory bail was rejected on perusal of the case diary. Heard Mr. J. Sarma, learned counsel for the petitioner, and Mr. Z. Kamar , learned Public Prosecutor, Assam. Considering the reasons, which have been assigned in the order, dated 16 .06.2011, aforementioned, it becomes clear that the position of law, which has b een discussed in the order, dated 16.06.2011, still remains unchanged. Coupled with the above, the case diary reveals, as indicated in the earlier order, suffi cient incriminating materials against the petitioner. In view of the above, this Court is of the view that, in the facts and attending circumstances of the present case, the petitioner cannot be given the benefit o f pre-arrest bail. While, therefore, the petitioner’s prayer for pre-arrest bai l is hereby rejected, the petitioner is given the liberty to surrender in the Co urt of the Chief Judicial Magistrate, Kamrup, and if, the petitioner, on his app earance in the learned Court below, makes application for regular bail, the same shall be considered and disposed of by the learned Court below in accordance wi th law. With the above observations and directions, this Anticipatory ail applic ation shall stand disposed of.