AB 350/2010 BEFORE THE HON’BLE MR JUSTICE HN SARMA Heard Mr. J.C. Gogoi, learned counsel for the petitioner. The petitioner, being accused in connection with the Dhakuakhana PS Case No. 177/10 U/S 325/326 IPC, has filed this bail application under Secti on 438 Cr.P.C. praying for releasing him on pre-arrest bail. Learned PP procuring the connected case diary highlighted the materials so far collected by the I.O. against the petitioner during the course of investigati on. The allegation against the petitioner leveled in the FIR inter-alia is that on 2 9.10.10 at about 7 PM when the informant went to collect his due wage from the p etitioner for rendering his service as helper amounting to Rs. 2,525/- the petit ioner hit the informant with a bottle and caused grievious injury. The petitione r also caused injury by biting in his finger. The learned Addl. PP has pointed o ut that the materials collected by the I.O. during the course of investigation including the medical report of the victim given by the Doctor of Sonari Chapor t P.H.C. dated 25.11.10 discloses that the victim sustained grievous injury cau sed by the petitioner. That apart, the statement various witnesses including the I witnesses recorded by the I.O. during the course of investigation supports th e allegation leveled against the petitioner in the FIR. Considering the sufficient incriminating materials including the grievous injuri es caused upon the victim/informant, in my considered opinion the privilege of provision of Section 438 Cr.P.C. is not extendable to the petitioner in the inst ant case. Accordingly, this bail application stands rejected. Interim order passed earlier also stands vacated.