AB 173/2010 BEFORE THE HON’BLE MR JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Md. Amir Hussain Khan, in connection with Kalia bor Police Station Case No. 54/2010, under Sections 458/380/34 IPC. Perused the above application and materials on record including the orde r, dated 07-10-2010, passed in Bail Application No. 4078 of 2010, whereby the pe titioner’s earlier application for pre-arrest bail has been rejected. Heard Mr. HR Ahmed, learned counsel for the petitioner, and Mr. K Munir, learned Additional Public Prosecutor, Assam. Considering the fact that the petitioner’s application for pre-arrest bail has b een rejected on merit and no new ground could be assigned by or on behalf of the petitioner entitling him to the benefit of pre-arrest bail, this Court is of th e view that the petitioner’s renewed prayer for pre-arrest bail cannot be accede d to. The petitioner may, however, appear in the Court of Chief Judicial Magistr ate, Nagaon, and if, on his appearance in the learned Court below, as directed h ereinbefore, he applies for regular bail in connection with the case aforementio ned, the learned Court below shall consider and dispose of the same in accordanc e with law. While applying for bail, if the petitioner takes the ground of his s ickness, the learned Court below shall take the same into consideration in dispo sing of the bail application. The anticipatory bail application shall stand disposed of in terms of th e above observations and directions.