AB 227/2010 BEFORE HON’BLE MR JUSTICE B D AGARWAL This application under Section 438 of the Cr.P.C. has been filed by the accused persons namely Md. Hussain ali, Md. Umar Ali, Md. Sahdat Ali, 4. Hamid A li @ A Hamid and Helal Uddin seeking anticipatory bail in connection with Sama guri Police Station Case No.101 of 2006 under section 147/ 148/ 149/ 436/ 427/ o f the Indian Penal Code. Heard Md. M H Choudhury, learned counsel for the accused petitio ners. Also heard Mr. B S Sinha, learned Addl.Public Prosecutor for the State. Mr. Choudhury submitted that two successive FIRs have been filed , one by Tarini Biswas and the other by Hemanta Biswas. Mr. Choudhury also submi tted that earlier case was registered as Samaguri P.S Case No. 10 of 2005 GR Cas e No.38/05 whereas the 2nd FIR has been registered as Samaguri P.S. Case No.101 of 2006. In both the cases, chargesheets have been submitted. In the earlier ca se, trial has almost come to an end whereas in the second FIR, the accused perso ns have been shown absconders. In view of the two FIRs with identical allegations and als o keeping in mind that the petitioners are regularly appearing in the earlier ca se, I am of the opinion that if the petitioners are granted anticipatory bail, i t will expedite the trial of the Samaguri P.S. Case No. 101 of 2006 under sectio n 147/ 148/ 149/ 436/427 of the IPC ( G R Case No. 206 /06). Having regard to all the aspects, the prayer for bail of the accused petitioners are accepted. Learned Sub-Divisional Judicial Magistrate, Kaliabor, Naga on is directed to release the petitioners on furnishing bail bond of Rs. 15,000/ - each with one local surety of the like amount to the satisfaction of the Lear ned SDJM . The petitioners are directed to surrender in the Court of Judicial Ma gistrate within a period of 10 (ten) days from today and file appropriate applic ation for regular bail. With the aforesaid direction, the bail application stand s disposed of . of.