IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41390 of 2008 1. NEK MOHAMMAD MIAN, son of Ismail Mian 2. Bhagandeo Sah alias Mandoo Sah, both residents of village Kawalapur, Godioni Biti Tola, Police Station Jogapatti (Nawalpur), District West Champaran Versus STATE OF BIHAR with Cr.Misc. No.42066 of 2008 1. RAJA MAHTO, son of Ghun Mahto 2. Bhunda Kunwar @ Gora Kunwar, son of Goal Kunwar @ Jawal Kunwar 3. Mukhtar Mian, son of Nekchhedi Mian All residents of village Dudhiawa, P.S. Jogapatti, District West Champaran Versus STATE OF BIHAR ----------- 03/ 13.04.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 302 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act. They are named in the First Information Report. Petitioners in Cr. Misc. No. 41390 of 2008 are alleged to be amongst those who opened fire. Petitioners in Cr. Misc. No. 42066 of 2008 are said to be the members of the unlawful assembly. They are not said to have opened fire. The case was lodged on 8.9.1997 and the petitioners are named in the First Information Report, but they have applied for grant of bail in the event of arrest on 23.9.2008 and 25.9.2008 and it is submitted on their behalf that the investigation is continued even after more than ten years of the lodging of the case and they 2 should be admitted to the privilege of bail in the event of arrest. I am not inclined to accept such submission, as the case having been lodged more than ten years earlier, there is no justification for grant of bail in the event of arrest at this belated stage. This application is, accordingly, rejected with direction to the petitioners to surrender in the court of Chief Judicial Magistrate, West Champaran in connection with Jogapatti P.S. Case No. 87 of 1997 within four weeks from today and apply for grant of bail, which should be considered in accordance with law, without being prejudiced by the fact that this Court has not chosen to admit them to the privilege of bail in the event of arrest. Arjun/ ( V.N. Sinha, J.)