IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7742 of 2010 1.SHIVMUNI BHAGAT @ SAGUNI BHGAT @ SUMAN BHAGAT @ Shri Muni Bhagat son of Radhey Bhagat 2.Pretem Sah @ Pretam Sah son of Late Shiv Nandan Sah, 3.Yognedra Prasad Bhagat @ Yogia @ Yogendra Bhagat son of late Lale Bhagat @ Lalet Bhagat 4.Keshore Sah @ Kishor Sah son of late Binod Sah 5.Prahlad Sah son of late Karu Sah 6.Amardeep Sah @ Kalia Sah son of Shyam Sah @ Karu Sah 7.Binod Bhagat son of late lale Bhagat @ Lalet Bhagat…Petitioners. Versus STATE OF BIHAR ----------- 2 23.3.2010 Heard Mr. Ranjeet Sahay, learned counsel appearing for the petitioners and Mr. Abhimanayu Sharma learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Nathnagar P.S. case No. 234 of 1989 registered under sections 147, 148, 307, 323, 353, 333, 337, 295(A) of the Indian Penal Code and 27 of the Arms Act and ¾ of the Explosive Substance Act. It is submitted by learned counsel for the petitioners that they are not named in the first information report as accused and no specific allegations have been attributed to the petitioners by any of the witnesses even during the course of investigation. However, after such a long time they have been sought to be arrayed in the category of accused. He further submits that some of the co-accused persons were put on trial and they have been acquitted by learned trial court by judgment dated 2.9.1998 vide annexure-2. Learned counsel for the State has strongly opposed the prayer for anticipatory bail on the ground that the case was instituted in the year 1989 and after about 21 years petitioners have approached this court for grant of anticipatory bail. He submits that the matter relates to rioting and, therefore, privilege of anticipatory bail may not be extended to the petitioners. - 2 - Be that as it may, in the facts of the case, this court is not inclined to accede to the prayer made by the counsel for the petitioners for grant of anticipatory bail. Petitioners must surrender in the court below within four weeks from today and thereafter if they make a prayer for grant of regular bail, the same may be considered on its own merit without being prejudiced by this order. The petitioners shall be at liberty to produce all other materials in support of their claim including the materials that co- accused persons have been acquitted in the present case. (Birendra Prasad Verma, J) M.Rahman