AB 1616/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL Both the applications are being disposed of by this common order since the applications are arising out of the same case. The AB No. 1616 of 201 1 has been filed by Md Shajul Haque, son of Sri Abdur Rahman and the AB No. 1065 of 2011 has been filed by another Md Shahjul Hoque, son of Late Abdul Kuddus Mi ah. Both the aforesaid petitioners have filed these applications und er Section 438 CrPC, seeking pre-arrest bail in connection with Gossaigaon PS Ca se No. 30 of 2011, under Sections 341/ 302 of the Indian Penal Code. Heard Sri M U Mondal, learned counsel and Sri R Islam, learned counsel for the petitioners. Also heard Sri B B Gogoi, learned Additional Public Prosecutor for the State of Assam. I have also perused the Case Diary. The bail prayer of the petitioner, Md Shahjul Hoque, son of Late Abdul Kuddus Miah, was earlier rejected by this court on 06.04.2011 in AB No. 5 93 of 2011. In this way, this is the second application by the said accused. The prosecution case is that on 11.02.2011, one Md Shahjul Hoque , has assaulted the truck driver of the vehicle bearing Registration No. WB - 73 - 1668 and as a result of which the driver of the truck died on the spot itself. In the FIR, the Bike No. AS-16A-8860, has been mentioned. The Case Diary reveals that the aforesaid bike belonged to the a ccused, Md Shahjul Hoque, son of Late Abdul Kuddus Miah. Besides this, eye-witne sses have also implicated the said accused. Hence, his bail prayer is rejected. Since only one Md Shahjul Hoque, has been implicated for the off ence of murder and since the Case Diary reveals that the accused, Md Shahjul Hoq ue, son of Late Abdul Kuddus Miah, was involved in the offence of murder, the ba il prayer of the identically named accused, Md Shajul Haque, son of Sri Abdur Ra hman, is accepted. Accordingly, the Investigating Officer is directed to release th is petitioner, in connection with the aforesaid PS Case, on bail, on his furnish ing bail bond of Rs. 10, 000/-, with one surety each of the like amount subject to his satisfaction. The interim bail granted to Md Shahjul Hoque, son of Late Abdul Kuddus Miah, on 09.05.2011, stands vacated. However, liberty is given to the accused to surrender before the concerned CJM, and on filing such application, the same shall be considered. With the aforesaid directions, both the applications stand dispo sed of.