IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30175 of 2011 Prakash Ram son of Jalim Ram Versus The State Of Bihar ----------- 2. 29.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. In this three years old case, instituted on 24.02.2008 against seven named accused persons, name of the petitioner was added vide order dated 01.03.2008 of the Court below. Submission is that no allegation is attributed against the petitioner nor he was initially named though his family members were named accused and subsequently case has been compromised. Accordingly petition before the Court below was filed as early as on 04.03.2008. Thereafter, petitioner alongwith others applied for privilege under Section 438 Cr. P.C. before learned Sessions Judge by filing A.B.P. No. 496-A of 2008 which was disposed of with certain observation on 14.01.2009. Other co-accused the family members of the petitioner subsequently preferred Cr. Misc. No. 48382 of 2008 before this Court which was allowed on 02.12.2008 but since petitioner was residing outside in connection with livelihood he could not apply earlier. Taking into consideration, the delay caused in disposal of the case at the hands of petitioner in spite of said resolution of dispute 3 years before and refusal of prayer of bail more than 2 years ago petitioner appears not entitled for privilege sought. Accordingly, the prayer of anticipatory bail of the 2 petitioner in connection with Bhabhua P.S. Case No. 67 of 2008 under Section 341, 448, 324, 307, 34 I.P.C. pending in the Court of Chief Judicial Magistrate, Kaimur at Bhabhua is rejected. However, in case of his surrender within four weeks payer of regular bail may be considered on its own merit without being prejudiced of instant refusal. Saif/- (Akhilesh Chandra, J.)