IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43852 of 2010 1. Dukha Mian son of Sikandar Mian. 2. Sattar Mian son of Abdul Wardis, both residents of village Begumpur, Bangali Tola, P.S. K. Nagar, District Purnea (Bihar)….........................Petitioners Versus The State Of Bihar…………………………Opposite Party ----------- 2 26.03.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. It appears that the case was instituted in 1988 against unknown under Section 302/34 of the Indian Penal Code. Police took up investigation of the case, completed the same and submitted the final report in the year 1993 finding the case true but without clue. Thereafter the matter remained pending since then with the court since then and learned Chief Judicial Magistrate, Purnea has taken cognizance against the petitioners only on 02.06.2010 i.e. almost after 17 years of submission of the final report by the police, on the basis of the materials available in the case diary. In view of the enormous delay caused by the court, prayer for anticipatory bail of the petitioners is 2 allowed. Petitioners, namely, Dukha Mian and Sattar Mian are directed to appear before the court of Chief Judicial Magistrate, Purnea within four weeks from today and upon their appearance, the court below shall allow them bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand)each with two sureties of the like amount each to its satisfaction in connection with K. Nagar P.S. Case No.1131 of 1988 (G.G.R.No.1036 of 1988). Learned counsel for the petitioners points out that though during investigation itself it was reported that one of the co-accused, namely, Md. Nazmul was dead before the final report was submitted by the police, the court below has taken cognizance against that dead person also which shows mechanical application of mind by the court. Let this matter be placed before the Hon’ble Inspecting Judge of Purnea Judgeship on administrative side for consideration of his Lordship. BT (J. N. Singh, J.)