IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48971 of 2008 1. MD.SAKIL @ MUNNA Son of Late Kamlu Mian 2. Md. Akbar Son of Late Idrish Mian Both are resident of Sagi Musjeed P.S. Fulwarisarif, District- Patna --------------------Petitioners Versus STATE OF BIHAR ----------------Opposite Party ----------- 7. 19.3.2009 The petitioners are accused in a case under Sections 498A, 323, 406 and 365 of the Indian Penal Code. The petitioners were granted anticipatory bail by this Court on 6.1.2004 and the order of bail was to be communicated to the Chief Judicial Magistrate, Patna. Apparently, there was a mistake in the bail application itself as the case relates to Danapur and not to Patna. The present anticipatory bail application has been filed and the same mistake has been made in the bail application which now has been corrected by the counsel appearing on behalf on the petitioners. The petitioners having once been granted anticipatory bail by this Court did not care to appear and take advantage of the bail order for five long years and after five years have turned up to pray for grant of fresh anticipatory bail. In the facts of this case, this Court finds that such persons cannot be given any benefit of being granted bail as the petitioners ought to have corrected the prayer in the earlier application. The anticipatory bail application of the petitioners is rejected. The petitioners may surrender and pray for regular bail and the Court below shall take sympathetic view, in view of the fact that the petitioners have been granted anticipatory bail on merit on an earlier occasion. P. Kumar (Sheema Ali Khan, J.)