AB 2097/2011 BEFORE HON’BLE MR JUSTICE H BARUAH Heard Mr. AJ Atia, learned counsel for the petitioners. Also heard Mr. K Munir , learned Addl.Public Prosecutor for the State. Dhing Police Station Case No. 140 of 2011 ( G.R. No.2172 of 2011) under Sections 147/148/149/341/435/333/325/326/379 of the Indian Penal code was registered on lodgment of an FIR by one Manabendra Das, Sub-Inspector of Police, Dhing Police Station. In the FIR, it has been inter-alia alleged that when he alongwith Tapan Chakraborthy, S.I. Nikhil Sinha and Home Guard Safiqul Islam went to arrest Md. Abdul Matin, an accused in Dhing P.S. Case No. 118 of 2011 and after arrest of the aforesaid accused, when they were about to leave the place in an India Car, a mob numbering 200/250 being armed with deadly weapon with lathi, dao etc rescu ed said Md. Abdul Matin after assaulting them. They also snatched away the Noki a mobile belonging to S.I. Nikhil Sinha and the service Rifle with 10 Nos. of c artridges from Home Guard Safiqul Islam. In FIR though some names find place amongst them petitioners’ name do not appear . These three petitioners on account of registration of the aforesaid case, appr ehending their arrest filed this petition under section 438 of the Cr.P.C. to pr ovide them privilege of pre-arrest bail. This Court on 18.07.2011 while dealing with the bail application provided interi m to these petitioners. Mr. Munir, Addl.P.P. after scrutinising all the materials available in the case diary submits that there a mob consisting 200/250 was successful in rescuing th e accused Md. Abdul Matin. The materials so far collected by the I.O. do not pri marily reveal anything against the petitioners that they were also members of t he mob and rescued aforesaid Md. Abdul Matin from the hands of the first informa nt and others. Taking into consideration of the materials and the facts in its entirety, this C ourt finds no ground to reject the application. Interim order passed on 18.07.2011 is hereby made absolute. The bail application stands disposed of.