IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40235 of 2008 1. HARI SHANKAR CHOUDHARY 2. Hare Ram Choudhary, both sons of Sitaram Chaudhary, Residents of village Kawalapur, P.S. Jogapatti, Dist. West Champaran------------------------------------petitioners Versus THE STATE OF BIHAR-------------------------------opp.party ----------- 2. 20.11.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a police case under Section 302 and other provisions of the Penal Code. The submission is of omnibus allegations. The petitioners were only members of the mob. In an FIR of 1997 till 2008 the investigation is inconclusive and chargesheet has not been submitted. Co-accused similarly situated has been granted anticipatory bail in Cr.Misc.No. 27117 of 2008. There is inordinate unexplained delay on part of the petitioners in seeking anticipatory bail. There are four deceased in the episode. The delay in the investigation can ennure to the benefit of one also. This Court does not wish to make any observation on this aspect any further. The delay and the aspect of four deceased in the episode are matters not considered in Cr.Misc.No. 27117 of 2008. The application is rejected. (Navin Sinha,J.) spal/