AB 4014/2011 BEFORE THE HON’BLE MR JUSTICE A.C. UPADHYAY. This is an application under Section 438 CrPC seeking grant of pre-arrest bail o n behalf of the accused petitioner Md. Juwel Miah in connection with Mankachar P S Case No.312/2011 under Section 381 I.P.C. corresponding to G.R. Case No.778/20 11. Heard Mr. A. M. Buzarbaruah, learned counsel appearing for the petitioner and Mr . B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent. Perused the case diary and materials on record. It is alleged in the F.I.R. that black pepper approximately 20/22 qtl, valued at Rs.4,50,000/- and cashew approximately 20/25 qtl valued at Rs.1,50,000/-, were taken away since a long time from the godown of the complainant by the accused n amed in F.I.R. in connivance with the other co-accused by committing theft as pe r secret understanding and planning. The petitioner is not named in the F.I.R. H owever, the complainant in his statement under Section 164 CrPC stated to have s een the petitioner talking to one of the co-accused. Perusal of the case diary d o not disclose sufficient incriminating materials against the petitioner. Considering the mater in its entirety and further considering the progress of th e investigation the interim order dated 5.12.2011 passed by this Court in connec tion with this case is hereby made absolute. Bail applications stands disposed of.