( 1 ) THE petitioners Ramesh Sha and Biru Prosad have filed application under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in connection with Bhadreswar P. S. Case No. 196/2007 dated August 30, 2007 under Section 379/411/413/414/468/472/420/109/ 34 of the Indian Penal Code.

( 2 ) IT is the case of the petitioners that they are the driver and the khalasi of the vehicle, bearing No. WB 25/8959. They were arrested and forwarded before the Court of learned Additional Chief Judicial Magistrate at Chandannagore in connection with Bhadreswar P. S. General Diary Entry no. 1586 and 1597, both dated August 26, 2007, corresponding to NGR 1397/2007 and subsequently, released on bail on August 27, 2007.

( 3 ) IN the application, seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, it is the specific contention of the petitioners that both the cases bearing NGR No. 1397/2007 and Bhadreswar P. S. Case no. 196/2007 dated August 30, 2)307 were registered over identical occurrence.

( 4 ) THE petitioners apprehend that they will be arrested in connection with Bhadreswar P. S. Case No. 196/2007 dated August 30, 2007, even thou