AB 3295/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ners namely, Sri Devadyoti Namo Das @ Debajit Das @ Babul Das, Sri Ram Ch. Debna th @ Ram Debnath, Sri Ratan Barman, Sri Dulal Mandal, Sri Budhiram Baroi and Sri Haricharan Rajbongshi praying for bail, apprehending their arrest, in connecti on with Bijni PS Case No. 287/11 u/s 147/341/333 IPC. Heard Mr. S. Bhuyan, learned counsel for the petitioners and Mr. BS Gogoi, learned Addl. PP, Assam. Perused the case diary. The prosecution case is that when the police officer went to app rehend the persons who were involved in the sale of illicit liquor they were att acked by the people from the market. According to the FIR, stones were pelted an d as a result one of the police constable sustained injury and the police vehicl e also was damaged. Apparently, all the petitioners have been named in the FIR. There is no pleading that the petitioners name have been in the FIR due to any m alafide reason nor is there any evidence that at the relevant time, the petition ers were not present at the seen. Hence, it is not a fit case to grant anticipatory bail to the pe titioner and the prayer for bail is rejected. Interim order granted earlier stands vacated. However, liberty is given to the petitioners to surrender before the learned SDJM, Bijni and pray for regular bail. With the aforesaid direction, the bail application stands dispos ed of.