AB 4006/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY This is an application under Section 438 of Cr.P.C. in Dhing P.S. Case No. 140/2 011 registered under Sections 147/148/149/341/435/333/325/326/379 of IPC, after the first bail application was rejected on 19.10.2011 (Annexure-5) in AB No. 307 1/2011. Mr. H.R.A. Choudhury, the learned Senior Counsel submits that the assault on the policemen had taken place under a mistaken impression as because, the police pa rty raided the village in plain dress and it was not known to the petitioners th at police had came to investigate the abduction case i.e Dhing P.S. Case No. 118 /2011. However considering the serious injury suffered by the victims as seen from the case dairy produced by Ms. A. Begum, the learned Addl. Public Prosecutor, I am d isinclined to consider pre-arrest bail for the 5 petitioners namely Md. Abdul Ma tin, Md. Mohibur Rahman, Md. Ziabur Rahman, Md. Nurul Hoque and Md. Sirajul Hoq ue, on the above ground of mistaken assault. At this stage Mr. Choudhury, submit s that the petitioners will surrender in the Court and some interim protection s hould be given to them. In view of the submission made, the petitioners are granted time until 6.1.2012 to surrender in the Court of the learned C.J.M., Nagaon, in connection with the Dhing P.S. Case No.140/2011. Subject to their surrendering by 6.1.2012, no coerc ive measure should be taken against the petitioners. Bail petition is disposed of accordingly.