MAIDUL ISLAM KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. M. A. Choudhury, learned counsel for the petitioners.

(2.) By this application under Section 438 Cr.P.C., the petitioners, namely, (1) Maidul Islam Khan, (2) Sahid Ullah, (3) Amir Uddin Ahmed, (4) Arib Uddin Ahmed (5) Sri Tularam Saikia (6) Jagat Saikia and (7) Bubul Ali are seeking pre-arrest bail in connection with Mikirbheta P.S. Case No. 452/2020 under Sections 120(B)/341/294/353/427 IPC The learned counsel has submitted that regarding the same incident, it were the petitioners who had lodged an FIR in prior point of time followed by present FIR against the petitioners which is dated 18.10.2020.

(3.) The attention of this Court has also drawn to orders passed by the learned Additional CJM Morigaon in exercise of powers conferred in absence of the Session Judge, Morigaon whereby the petitioners were granted bail in FIR lodged with the same allegation by different persons.