IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39143 of 2009 1. ABDUL GANI @ ABDUL GHANI, son of late Abdul Quashim 2. Mokhtar Alam, son of Abdul Gani @ Abdul Ghani 3. Akhtar Alam, son of Abdul Gani @ Abdul Ghani 4. Safiullah, son of Abdul Gani @ Abdul Ghani 5. Tarik Anwar, son of Abdul Gani @ Abdul Ghani All are resident of village Balbhadrapur, P.S. Birpur, District Supaul Versus THE STATE OF BIHAR ----------- 3. 24.11.2009 Heard Mr. Ashok Kumar Mishra, learned counsel for the petitioner and the counsel for the State. In the opinion of this Court the exercise of discretion by the appellate court in refusing bail to the petitioners on their conviction cannot be said to be either whimsical or arbitrary. The court below for the reasons recorded therein has found the petitioners, appellants in pending Cr.Appeal No. 17/2009(s) to be not entitled for grant of bail ‘at present’. That will not mean that this Court will sit over on such discretion exercised by the court below. The remedy for the petitioners- appellants was to wait for some time and to renew their prayer for bail before the same court. That being so, while this Court 2 would reject the prayer for bail of the petitioners would still observe that it will be open for the petitioners to file their fresh application for bail before the appellate court which would consider such prayer on merits without being prejudiced by this order. (Mihir Kumar Jha,J.) Surendra/