AB 369/2010 BEFORE THE HON’BLE MR JUSTICE H. BARUAH Heard Mr. H. Hoque, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Addl. PP for the State respondent. Tezpur P.S. Case No. 11/2010 was registered under Section 406/420/506 IPC on the basis of the FIR lodged by one Monoj Das with the Officer-in-charge of the Tezp ur Police Station. From the records it appears that the first informant Monoj Da s purchased a Tata Winger vehicle bearing No. AS-14-C-2031 at a consideration o f Rs.2,25,000/- of which Rs.1,25,000/- was paid in cash to the petitioner herein , the registered owner. Such sale was effected by executing a deed of agreement in between the parties. It is alleged that the vehicle was taken forcibly by the petitioner from Tezpur. Mr. H. Hoque, learned counsel for the petitioner has submitted that the vehicle was taken from the possession of the first informant on account of non-payment of instalments as agreed between him and the first informant. However, the said vehicle was taken by the police and handed over to the first i nformant. The vehicle is at present in the custody of the first informant. The petitioner now apprehending arrest in connection with the case as indicated above, has approached this Court under Section 438 CrPC praying for grant of pre -arrest bail. As apprised by the learned counsel for both the parties, the vehicle is at prese nt in the custody of the first informant and taking the note of the facts, the a pplication under Section 438 CrPC filed by the petitioner herein stands allowed. Accordingly, it is directed that in the event of arrest of the petitioner Nasim Latif in connection with the above case the Investigating Officer shall enlarge him on bail of Rs. 10,000/- with one local surety of like amount to his satisfac tion with the condition that the petitioner shall not indulge in any activity pr ejudicial to the investigation and shall co-operate with the investigation, as a nd when required. The bail petition stands allowed accordingly.