IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34528 of 2011 ====================================================== 1. Babban Singh, S/o Bishwanath Singh. 2. Manoj Singh, S/o Sachida Nand Singh, all R/o Vill.-Manpursauli , P.S.- Ishuapur, District-Saran. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. M.N. Parbat with Mr. V.P. Srivastawa with Mr. S.K. Jha, Advocates For the Opposite Party : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 16-11-2011 Heard. These two petitioners, besides three other co-accused persons, had moved earlier before this Court in Cr. Misc. No. 12449 of 2010 seeking anticipatory bail in connection with Complaint Case No. 1403 of 2008 pending in the court of learned Chief Judicial Magistrate, Saran at Chapra. The matter was heard at length and by order dated 10.05.2010, co-accused Sachida Nand Singh, co-accused Shatrudhan Singh and co-accused Umeshwar Singh were granted anticipatory bail in the aforesaid complaint case, though the prayer for anticipatory bail made on behalf of the petitioners, Patna High Court Cr.Misc. No.34528 of 2011 (2) dt.16-11-2011 2 who were petitioner nos. 2 and 3 in the aforesaid Cr. Misc. No. 12449 of 2010, was rejected and they were directed to surrender in the court below within a period of four weeks from that date and seek regular bail. Unfortunately, despite the aforesaid order dated 10.05.2010, the petitioners have not surrendered in the court below and are still absconding in the aforesaid complaint case no. 1403 of 2008, in which cognizance has been taken as far back as on 15.09.2008. Obviously, since the petitioners are absconding, the trial is not progressing and matter has been delayed. Learned counsel for the petitioners has submitted that some materials regarding allegation against the petitioners were not brought to the notice of this Court, therefore, the aforesaid order dated 10.05.2010 was passed rejecting the prayer for anticipatory bail. Be that as it may, in the facts and circumstances of the case, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. The grounds urged in the present petition may be the good grounds for grant of regular bail and this Court has already indicated the same in its order dated 10.05.2010. The petitioners will be well Patna High Court Cr.Misc. No.34528 of 2011 (2) dt.16-11-2011 3 advised to surrender in the court below and seek regular bail, which may be disposed of on its own merit, without being prejudiced by the present order. With the aforesaid observations and directions, this application is disposed of. Let this order be communicated to the court below through FAX at the cost of the petitioners. Devendra/- (Birendra Prasad Verma, J)