AB 2754/2011 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. AJ Atia, learned counsel for the petitioner and Mr. BS Sinha, learned Public Prosecutor, Assam. Perused the case diary and the FIR. This is an application filed by the petitioner, under Section 438 CrPC, seeking pre-arrest bail in the event of arre st in connection with Tezpur PS Case No. 875/11 u/s 409 IPC. The allegation made in the FIR against the petitioner is that the petiti oner being the Headmaster of the Tengakhuti LP School, carried 50 bags of rice by engaging a Tempo to the ’Panch Mail’ for selling the said rice, which was mea nt for Mid-day meal scheme of the school. Having heard the learned counsel for the parties and considering the inc riminating materials so far collected by the investigating authority and also co nsidering the nature of allegation brought against the petitioner, I do not find it to be a fit case for extending the benefit of pre-arrest bail to the petitio ner. Consequently, the prayer for bail is rejected. The interim order passed on 7.9.2 011 stands vacated. Return the case diary.