IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23366 of 2009 1. KAILASH KUMAR RAI @ KAILASH RAI 2. RAJESH RAI 3. ANIL RAI @ ANIL KUMAR RAI. 4. JAI MANGAL RAI Versus STATE OF BIHAR ----------- 02 14.09.2009 Heard both sides. Four petitioners, who are family members of co- accused Pawan Kumar Rai, have approached this court seeking anticipatory bail in a case instituted under Sections 366 A. The occurrence had taken place sometimes in March, 2004. F.I.R. was lodged in April 2004. It appears from the record that main accused Pawan Kumar Rai is already facing trial. After about 05 years petitioners have approached this court on the ground that co-accused Pawan Kumar Rai has since been granted the privilege of bail by this court under order dated 27.01.2005. This court finds that petitioners are named in the F.I.R. There is absolutely unexplained delay in approaching this court for grant of anticipatory bail. Having regard to the materials available on record, this court finds that there is unexplained delay in approaching the court for anticipatory bail, which persuades me to refuse to exercise discretion in favour of the petitioners. Let petitioners, surrender and apply for regular bail before the court below, which shall be considered and disposed of on their own merit uninfluenced by the present order passed 2 by this court in the present proceeding. The application is, accordingly, disposed of. Sym/ (Kishore K. Mandal, J.)