AB 1558/2011 BEFORE THE HON’BLE MR. JUSTICE UB SAHA The instant application is filed by the petitioner Sri Ganesh Saharia, u nder Section 438 CrPC for granting him bail in the event of his arrest in connec tion with Sipajhar P.S. Case No. 140/2011 under Section 324/34 IPC. When the matter is taken up for bail hearing, Mr. BS Sinha, learned Addl . PP submits that by this time the IO has submitted the Charge Sheet against the accused-petitioner. Therefore, he can easily appear before the regular court fo r obtaining regular bail. Mr. D Sarma, learned counsel for the petitioner submits that mere filing of char ge sheet does not preclude the petitioner to move an application under Section 4 38 CrPC for granting him pre-arrest bail. This Court has gone through the contentions made in the instant petition as well as considered the submission of the learned counsel for the parties. According to this Court, even after filing of charge sheet a person has the right to approach either the Court of Sessions or the High Court for grantin g him pre-arrest bail as there is an apprehension of his arrest in connection wi th the police case wherein the charge sheet has been filed. In view of the above position, it is directed that the petitioner shall be released on bail in the event of his arrest in connection with the aforesaid PS Case, in which the charge sheet has been filed, on furnishing a bond of Rs. 1 0,000/- with one surety of the like amount to the satisfaction of the arresting authority on further condition that he shall appear before the IO of the case as well as the Trial Court when the trial starts. With the aforesaid order, the instant application is allowed and accordi ngly disposed of.