IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18856 of 2011 SUDHAKAR MISHRA AND ORS. Versus THE STATE OF BIHAR ----------- 2/ 16.6.2011 Heard learned counsel for the parties. The four petitioners seek anticipatory bail in Manigachhi P.S. Case no. 23 of 2011 under various sections of the IPC including section 307 of the Code and section 3(x) of the S.C./S.T. (prevention of atrocities) Act. The allegation is that the accused persons, accusing the informant of applying some bad shows on the lady folk of a particular community, surrounded him at his house and the informant was assaulted badly by them along with their women folk and other family members. It appears from the written report that for an occurrence dated 9.2.2011, the written report was filed on 14.2.2011 and no statement of the injured was recorded in the DMCH where he claims himself admitted for treatment. Besides, the injury, which was recorded by the doctor, was lacerated wound or scar of 1 cm long on the front portion of scalp which was caused by hard and blunt substance. On these grounds, the contention is for granting anticipatory bail. In view of the allegations and the supporting materials as discussed above, this court is of the opinion that it is one of the fittest cases in which the petitioners should surrender and pray for 2 regular bail before the C.J.M., Darbhanga, who shall consider the prayer of the petitioners without being prejudiced by any order passed under section 438 Cr.P.C. While so doing, he shall consider the belated report made by the informant and no effort being made by him for approaching the police prior to 14.2.2011. Besides, mere insertion of the special Act may not be sufficient for rejecting the prayer for bail which has to be applied in view of the individual allegations made against all the accused persons. The petition is disposed of with the aforesaid observations/directions. Anil/ ( Dharnidhar Jha, J.)