IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2397 of 2010 1. MANIR ANSARI, son of Alam Ansari 2. Aliraja Ansari, son of Alam Ansari 3. Khush Mohammad, son of Sobrati Ansari 4. Khurased Ansari, son of Sobrati Ansari 5. Nathuni Ansari, son of Manjur Ansari 6. Budhan Mian, son of Mohamadin Mian All resident of village Semra Madarsa, P.S. Majhaulia, District West Champaran Versus STATE OF BIHAR ----------- 2. 26.2.2010 Heard counsel for the petitioners and the counsel for the State. Considering the fact that the allegation against the petitioners for offence u/s 395 I.P.C. and section 27 of the Arms Act was based on a complaint petition filed on 3.3.2008 and the said complainant had already been filed an application before the court for dismissing the complaint on 11.4.2008 as is apparent in the order sheet of the court below dated 15.4.2008 and that the police case ultimately was instituted under the direction of the learned Magistrate in terms of section 156(3) Cr.P.C. on 1.11.2009, the petitioners under the peculiar facts of this case would be entitled for grant of anticipatory bail provided they would demonstrate before the court below that they have no criminal 2 antecedent. That being so, if the abovenamed petitioners would surrender in the court of the Chief Judicial Magistrate, Bettiah, West Champaran within a period of fours weeks from today and would successfully demonstrate that they have no criminal antecedent they would be released on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each in Majhaulia P.S.Case No. 256/2009 arising out of Complaint Case No. 514C/2008 to his satisfaction, subject to the conditions as laid down u/s 438(2) Cr.P.C. Before parting with this Court having noted that it had taken Manjhaulia Police Station a period of more than 1½ years in instituting the F.I.R., this Court would direct the Superintendent of Police, West Champaran to take immediate disciplinary action against the concerned Officer In-charge who sat over the order of the court in this period. The Superintendent of Police, West Champaran will be under obligation to report compliance of the order 3 within a period of three months to the Registry of this Court. (Mihir Kumar Jha,J.) Surendra/