AB 3381/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Sikdar, learned counsel for the applicants and Mr. Sinha, learned PP, Assam. The applicants, namely (i) Md. Sabahan Ali @ Sobhan Ali and (ii) Mofidul Islam, by the present application are seeking the privilege of pre-arrest bail under Se ction 438 Cr. P.C. in connection with Jogighopa P.S. Case No.137/2011 (GR No.435 /2011) registered under Sections 379 IPC, read with Sections 34/35/40/41 of the Assam Forest Act, 1891. I have perused the case diary. Keeping in view the allegation made in the FIR as well as the materials availabl e on record, I am of the view that it is not a fit case where the privilege of p re-arrest bail is to be granted to the applicants and hence the prayer for pre-a rrest bail stands rejected. However, the applicants may surrender before the appropriate Court and seek regu lar bail. In the event of filing such application, the same shall definitely be considered by the learned Magistrate in accordance with law and keeping in view the materials available on record without, of course, being influenced by this order rejecting the prayer for anticipatory bail. The applicants are granted 7 (seven) days time to surrender before the learned M agistrate, i.e. up to 9th November, 2011, and till such time the interim order p assed earlier shall continue. Bail application stands disposed of.