IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13227 of 2009 1. MD.MAHBOOB ALAM 2. MD. SAHBAJ @ SHAHWAZ ALAM Versus 1. THE STATE OF BIHAR ----------- 02 31.08.2009 Heard both sides. Petitioners seek bail in a case instituted under Sections 147, 341, 379 and 504 of the Indian Penal Code. Learned counsel fairly submits that there is delay in approaching this Court for seeking anticipatory bail. Referring to the complaint, it is contended that there is no allegation against the petitioners, so far as Section 379 is concerned. It is next contended, that the allegation of committing theft is against Md. Nazim who has been released on bail. This Court, considering the fact that there is unexplained delay in approaching this Court seeking anticipatory bail, is not inclined to give him said privilege. However, it is observed that if the submission of the counsel that co-accused Nazim has been released on bail is correct, the Court below shall consider the bail application of the petitioners on merit keeping in mind that fact uninfluenced by the present order. The application is disposed of accordingly. P.K. (K.K. Mandal, J.)