AB 170/2010 BEFORE THE HON’BLE MR JUSTICE HN SARMA Heard Mr. T.J. Mahanta, learned counsel for the petitioner. The petitioner, being apprehensive of arrest in connection with the Golakganj PS Case No. 427/10 U/S 406/409 IPC, has filed this bail applicatio n under Section 438 Cr.P.C. praying for releasing him on pre-arrest bail. The allegation against the petitioner in the FIR that 80 bags of rice belonging to the BPL category was recovered from the shop of the petitioner who has allege dly kept there for sale and the same was obtained from Mr. B. L. Khatua meant f or distribution to the members of the BPL card holders through Golakganj Co-oper ative Society. It is contended by Mr. Mahanta, learned counsel for the petitione r that the main accused has been granted bail and accordingly on that count the present petitioner should be granted on bail. In support of his contention Mr. Mahanta has also relied on a decision of the A pex Court in the case of Kamaljit Singh-Vs- State of Punjab and another reporte d in (2005) 7 SCC 226.In the aforesaid case the Apex Court has granted bail to one of the accused being related with the same allegation along with other two a ccused and the present petitioner shall also be granted bail on that count. Learned PP procuring the connected case diary highlighted the materials so far collected by the I.O. against the petitioner during the course of investigati on. Materials collected by the I.O. discloses that the 80 bags of rice meant for the BPL distribution through the Co-operative Society has been recovered fr om the shop of the petitioner. The I.O. has collected ample evidence in support of the allegation leveled again st the petitioner who has been prima facie found to be entangled in connection w ith the case in committing the offence. Considering all these facts and circumstances of the case, I do not find it to be a fit case to grant pre-arrest bail to the petitioner. Accordingly, this bail application stands rejected.