AB 594/2011 BEFORE HON’BLE MR.JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the petitioners nam ely Md. Anu and Haidur praying for bail, apprehending their arrest in connection with Jogighopa P.S.Case No.14 of 2011 U/S 379/411,IPC. Heard Mr. B.Choudhury, learned counsel for the petitioner and Mr.B.S.Sinha, le arned additional public prosecutor, Assam. Also perused the case diary. The case diary reveals that the principal accused Jahir Ali was apprehended by t he VDP personnel with stolen articles and he disclosed that those articles were purchased from the present petitioners. Since the said statement was given by the accused before independent witness w ithout presence of any police officer, it is difficult to dis-believe the said statement at this stage. Consequently bail payer is rejected.