AB 435/2010 BEFORE HON’BLE MR JUSTICE H.N.SARMA Heard Mr N.Hoque, learned counsel for the petitioner. Also heard Mr K.Munir, lea rned Addl. Public Prosecutor, Assam. By this application under section 438 Cr.P.C, the petitioner Altab Huss ain @ Altaf Hussain has prayed for releasing him on bail in the event of his ar rest in connection with Hatigaon PS Case No.241/2010 registered under sections 368/379 IPC. The allegation levelled in the FIR against the petitioner is that on 26 .10.2010, the vehicle belonging to the brother of the informant was taken on ren t to Sarthebari by the accused for transporting some articles, but as no inform ation about the vehicle or the brother of the informant for last two days, the F IR was lodged with the Hatigaon Police Station on 28.10.2010 on the basis of whi ch, the aforesaid case was registered. During the course of the investigation, the police arrested the accused Anowar Hussain @ Anowar Hussain Dewan and Safiqu l Islam. It has been stated in the forwarding report that both the accused have confessed before police that they committed the crime and the brother of the in formant i.e. the owner of the vehicle was killed by strangulating his neck with a ’gamusa’ and the dead body was felt down into Bahari river. It was further sta ted that the accused persons committed the act as they were engaged by the pres ent petitioner, Md Altaf Hussain. The I.O. is directed to add section 302 IPC in this case. In view of the aforesaid facts and circumstances of the case, I do not c onsider it to be a fit case for exercising the jurisdiction under section 438 Cr .P.C for grant of pre arrest bail to the petitioner. Accordingly, the prayer for pre arrest bail is rejected.