AB 2242/2011 BEFORE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. S.I. Ahmed, learned counsel for the petitioners as wel l as Mr. B. B. Gogoi, learned Addl. P.P. for the State respondents. The petitioners herein are both father and son. Being apprehensi ve of their arrest in connection with Baihata P.S. Case No. 119/2011, they have preferred this application under Section 438 CrPC to provide them the privilege of pre-arrest bail. The case as indicated above was registered on the lodgment o f an FIR by one Sahid Ali, stated to be the brother of the petitioner No. 1 on 2 3.6.11, where it is alleged that when he had been to Bezera village to make paym ent of ‘20,000/- to allow him to fish in the public fishery, the public having r efused to accept the same, had to return home. On his way home, while the inform ant reached kabarsthan, his brother Md. Tahid Ali, the petitioner No. 1 and his nephew Md. Inamul Hoque petitioner No. 2 both assaulted him and snatched away ‘20,000/- from him in cash. As a result of assault by bamboo stick, t he informant sustained injuries. Mr. Ahmed, learned counsel appearing for and on behalf of the p etitioners, submits that the First Information Report is engineered by the first informant Sahid Ali on account of property disputes in between the petitioners and himself. In regard to the existence of disputes in between the petitioners a nd the first informant, he placed his reliance in Annexure- 2, the certificate i ssued by one Mahibuddin Ahmed, the village Headman. I have considered the materials available in the CD where from it appears that on the day and time, the witnesses who were examined in this case had discovered some injuries on the person of the first informant, although ther e is no substantial materials available in respect of taking away the money amou nting to ‘20,000/-. In view of the facts situation and the materials available in the C D, this Court is not inclined to provide pre-arrest bail to the petitioners. The petitioners would be at liberty to approach the court of SDJM, Rangia for regul ar bail.