AB 1988/2011 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr P Bora, learned counsel for the petitioners as well as Mr K Mun ir, learned Additional Public Prosecutor, Assam. Sivasagar PS case no.688/2010 came to be registered on basis of a FIR lo dged by one Nekibur Rahman, resident of Nokatoni Koijaon Gaon, wherein it has be en alleged that on the night of 20.12.2010 at about 2 p.m., both the petitioners along with several others, who could not be recognised, broke open his grocery shop and stolen away materials like ration card, crackers set, a passbook and ca sh of Rs.7300/- It has also been stated in the FIR that the miscreants had also assaulted him with a lathi resulting in his sustaining injuries and losing consc iousness. Both the petitioners, therefore, apprehending arrest in connection wit h the aforesaid police station case, have filed this bail application under Sect ion 438 of Code of Criminal Procedure seeking privilege of pre-arrest bail. From the first information report, it is revealed that the first informa nt could well recognise both the petitioners as the miscreants of the offence. H owever, he could not recognize the rest of the intruders who had accompanied the petitioners. Mr Bora, learned counsel for the petitioners, submits that the allegatio ns brought forth in the FIR are false and fabricated and that apart the Addition al Deputy Commissioner did not have the jurisdiction to receive the first inform ation report and forward the same to the police station for registration of a ca se. In view of the aforesaid submission, I have meticulously gone through th e materials available on record, where from it could be gathered that on the mat erial night both the petitioners along with some others intruded at the grocery shop belonging to the first informant and stolen away materials like ration card , crackers set, a passbook and cash of Rs.7300/- Such materials, however, cannot justify grant of privilege of pre-arrest bail to the petitioners. This bail application accordingly stands rejected.