IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33944 of 2011 Yogendra Sharma & Ors. Versus The State Of Bihar 2. 12.10.2011. Heard the learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in connection with Ghoshi (Hulasganj) P.S. Case No. 216 of 2000 registered under Sections 341, 448, 323, 337, 380, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is of assault made by brick bats. It is submitted that the police submitted charge sheet under bailable provisions against some of the accused persons whereas others were charge sheeted under non-bailable provisions of the Indian Penal Code but the learned court below took cognizance under non bailable provisions of the Indian Penal Code against all the accused persons. The petitioners challenged the same before the Hon’ble Court in Cr. Misc. No. 31274 of 2001 which was ultimately dismissed on 18.08.2010 which caused delay in filing the present anticipatory bail application. 2 It is further submitted that there is counter version of the occurrence also. This Court is not inclined to interfere only because the case was instituted in 2000. However, considering the fact that the police did not find the case true under non bailable provisions of the Indian Penal Code against some of the accused persons and there is counter version of the case also, let the learned court below consider the regular bail application of the petitioners and try to dispose of the same preferably on the same day keeping in view of the aforesaid facts if the petitioners surrender and pray for regular bail within a period of six weeks from the date of receipt/production of a copy of the order. With the aforesaid observations, this anticipatory bail application of the petitioners is disposed off. Let the order be faxed to the learned C.J.M., Jehanabad in connection with Ghoshi(Hulasganj)P.S. Case No. 216 of 2000 at the cost of the petitioners. U. K. ( Dinesh Kumar Singh, J)