AB 579/2011 BEFORE HON’BLE MR.JUSTICE BD AGARWAL This is the second bail application filed by the petitioners namely 1) Md. Zia ul Hoque, 2) Abdul Jalil and 3) Mozammil Hoque apprehending their arrest in co nnection with Kampur P.S.Case No.149 of 2010 U/Ss 147/148/149/294/307/341/326/32 3,IPC. Heard Mr.A.Rashid, learned counsel for the petitioners and Mr. B.S.Sinha, learned additional public prosecutor, Assam. Also perused the case d iary. Also perused the case diary. Sri Rashid, learned counsel has submitted that both the parties are related to each other and now the injured and the informant are not interest ed to pursue the case. According to the learned counsel in this regard a petitio n has already been filed before the O.C.Katiatali Police Station and the I.O. is attempting to arrest the petitioner. Since the offence is U/S 326 is non-bailable, it is not appropri ate to grant anticipatory bail more particularly in view of the rejection of the earlier order. Hence, bail prayer is rejected. However, liberty is given to the petitioners to surrender in the court of learned CJM Nagaon and pray for regula r bail. On their surrender and filing appropriate application for bail the learn ed CJM shall consider the application filed by the injured that he is not intere sted to pursue the case and pass appropriate order. With the aforesaid observations, bail application stands disposed of.