AB 1008/2011 BEFORE HON’BLE MR. JUSTICE AC UPADHYAY This is an application under Section 438 of Cr.P.C. seeking pre-arrest bail on b ehalf of the petitioner, namely, Sri Fazal Haque in connection with Barpeta P.S. Case No. 1360/2010, registered under Section 302/201 of the IPC. Heard Mr. N. Haque, learned counsel for the petitioner and Mr. B. B. Gogoi, lear ned Additional P.P., Assam for the State-respondent. Perused the case diary and the materials on record. The FIR reveals that Md. Basir Khan was called by telephone at about 3 O’clock i n the afternoon by the accused at Dairabari village and at about 1 O’clock in th e night after the end of cultural programme at Ata Kali Mandir, the accused pers ons called Basir Khan at Jamtali Dairabari and killed him and concealed the dead body. The petitioner is named in the FIR. Learned counsel for the petitioner submits that the petitioner, Sri Fazal Haque, is not the person, who has been named in the FIR and wanted in this case as acc used named in the FIR. Learned counsel submits that the petitioner is a differe nt person. It is difficult for this Court to ascertain such facts by perusing the case diar y. In view of the above position, the petitioner may appear before the I.O. of the case and give his identity accordingly. If the I.O. finds that petitioner is not the person named in the FIR as Sri Fazal Haque, obviously, the I.O. may not pro ceed against him. However, if the petitioner is the same person named in the FIR , the I.O. shall proceed to do the needful in accordance with law. This bail application stands disposed of with the above observations and directi ons.