IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18874 of 2009 1. Munna Singh, son of Baleshwar Singh 2. Pramod Singh, son of Shyam Bihari Singh. 3. Bum Singh, son of Late Singhashan Singh. 4. Kamlesh Singh, son of Singhashan Singh. 5. Shailendra Kumar Singh @ Shailendra Singh, son of Arun Singh. All resident of village-Rajpur, P.S.-Koilwar, District-Bhojpur. ………Petitioners. Versus The State Of Bihar …….Opposite Party. ----------- 02. 28.05.2009 Petitioners apprehend their arrest in Koilwar P.S. Case No. 114 of 2008 instituted under Sections 379, 307 and other Sections of the Indian Penal Code read with Section 47(A) of the Bihar Excise Act. It is alleged that on the date of occurrence, the police escort along with a country made liquor licensee and four other persons, on information went to check sale of illegal country made liquor. They arrested the persons but then the petitioners who are the other family members of the Mukhiya and some other persons protested and assaulted the police party, releave them, snatched the cash and assured that the persons selling illegal liquor were not arrested. On behalf of the petitioners, it is submitted that in fact it was the Mukhiya and other villagers who was protesting against the illegal sale of liquor which 2 was being done by the licensee with the police and this took an ugly turn wherein the police have lodged the case against them. In my view, these are questions of facts. On behalf of the petitioners, it is then submitted that several other accused persons have already been granted bail by this Court in Cr. Misc. No. 37894 of 2008 disposed of on 22.12.2008 and Cr. Misc. No. 5957 of 2009 disposed of on 20.02.2009. In my view, in the facts and circumstances stated above, it is not a fit case in which this Court should grant indulgence of Anticipatory bail to the petitioners. Petitioners may, however, surrender before the Court below and the Court below would then consider the earlier orders passed by this Court and pass orders on its own merits without being prejudiced by the orders of this Court and if possible disposed of the application on the same day. Shageer (Navaniti Prasad Singh, J)