JUDGMENT This application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for granting pre -arrest bail to the petitioner namely Fakaruddin in connection with Dharmanagar P.S. Case No.2021/DMN/053 which has been registered under Section 379 IPC. [2] Brief facts are as under: Md.Eayakub Ali of Sakaibari, Dharmanagar lodged a written FIR with the officer-in-charge of Dharmanagar police station on 15.05.2021, alleging, inter alia, that 3 cows of him were left at the grazing field in his neighbourhood in the morning of 05.05.2021. When he had taken the cows to the grazing field, he had noticed an ox grazing there. However, he had fastened his cows with a pillar and left for home. After about 5 hours, he went there to bring his cows back. But, all his cows were found missing. He searched for those cows at the nearby places. During search, he came to know from his neighbours that 4 FIR named neighbours of him had lifted his cows from there along with the ox in a Bolero vehicle bearing registration No.TR-02-H-1928 for smuggling. [3] Case was registered on the basis of his FIR and its investigation was taken up by police. [4] Apprehending arrest in the case, accused has filed this application under Section 438 Cr.P.C. seeking pre-arrest bail. [5] It is contended by the counsel appearing for the accused that though the accused is not FIR named, investigating agency conducted raid in his house for his arrest which made him apprehend that he would be arrested by the investigating agency. According to the counsel, there is no material against the accused to justify his arrest and detention in the case. Moreover, offence is punishable under Section 379 IPC for which prescribed punishment is imprisonment only for 3 years or with fine or with both. Learned counsel urges the court to grant pre-arrest bail to the petitioner to save him from unnecessary arrest and detention. [6] Learned PP fairly submits that in view of the materials available on record, accused may be granted pre-arrest bail. Learned PP, however, urges the court to give liberty to the IO for interrogation of the accused whenever necessary. [7] Perused the record including the case diary. No prima facie case under Section 379 IPC is made out against the accused. Learned PP, however, urges the court to give liberty to the IO for interrogation of the accused whenever necessary. [7] Perused the record including the case diary. No prima facie case under Section 379 IPC is made out against the accused. Therefore, this court is of the view that immunity from arrest may be granted to the accused by enlarging him on pre-arrest bail particularly in view of the fact that informant made no allegation against him and IO could not also collect any incriminating material against the petitioner during the investigation. [8] In view of the above, petitioner, in the event of his arrest, be released on bail on his furnishing of his bail bond of Rs.20,000/- with one surety of like amount to the satisfaction of the IO on condition that he will report at the police station whenever required by the investigating agency for the purpose of investigation of the case. [9] In terms of the above, petition is disposed of. Communicate the order to IO.