AB 1373/2011 BEFORE HON’BLE MR JUSTICE H BARUAH Heard Mr. B. Choudhury, learned counsel for the petitioners as well as Mr. B.B. Gogoi, learned Addl. P.P for the State of Assam. Both the petitioners herein are businessmen at Jogoghopa and they apprehending t heir arrest in connection with Sidhi Police Station Case No. 11 of 2011 register ed under Section 465/468/471/34 IPC on the basis of the FIR lodged by one Sri P. Hazarika, Sub Inspector of Sidhi Police Station have approached this court by f iling this application to provide them privilege of pre arrest bail. In the application it is contended that the petitioners are never involved in tr ansportation of TMT Rods of Bhutan Rolling Mill. The trucks bearing Registration No. AS-19A 2679 and AS-19-B 1893 loaded with TMT Rods of Bhutan Rolling Mills w ere intercepted by police and on the allegation of transportation of the same wi thout proper transit paper the same had been seized. It is also alleged in the F irst Information Report that Sri Manoj Singh and Sri Parimal Dey, the drivers of the both trucks, the owner of the Raj Traders, Clearer of TMT Rod of Nuang, Dib rugarh, Purchaser Munindra Nath Sonowal of Bongaigaon and two business man of J ogighopa and one Barik Nath of Srirampur in connivance forged the documents and transported the TMT rods. It is submitted by Mr. Choudhury, learned counsel for the petitioners that since the police is visiting their residence frequently in connection with the aforesaid case, the petitioners apprehensive of their arrest have approached this court. It is submitted by him that the petitioners do not have any hand in the transportation of the aforesaid rods from Bhutan. Mr. B.B. Gogoi, learned Addl. P.P being acquainted with the materials available in the case diary made his submission before this court that the TMT rod of Bhut an Rolling Mill had been transported on the basis of fake transit pass, which we re however not placed before the Srirampur Cheque post which actually carried fo r both the petitioners, who were running their business at Jogighopa. Mr. Gogoi, learned Addl. P.P prays this court, this is not a fit case where privilege of p re arrest bail is granted in favour of the petitioners. In view of the submissions advanced by the learned counsel for both the parties and the facts of the case as well as the materials available in the case diary, it appears before this court that TMT Rods were transported by forging transit p ass through Srirampur gate for the above two petitioners. In view of the above, this court does not find any ground, where privilege of pr e arrest bail can be granted in favour of the petitioners. Accordingly, the pray er for pre arrest bail is rejected. The interim bail granted earlier stands vaca ted. However, the petitioners would be at liberty to approach the Court of CJM concer ned and may apply for regular bail. A.B. stands disposed of.