IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2593 of 2011 1. Baleshwar Choudhary, S/O Late Danga Choudhary. 2. Bulkan Choudhary, S/O Late Durgesh Choudhary. 3. Dharmendra Choudhary, S/O Bindeshwar Choudhary. 4. Binod Choudhary, S/O Kamalu Choudhary. 5. Dharamnath Choudhary, S/O Keshwar Choudhary. All residents of Village-Desh Rajpur, Ward No. 22, P.S. Mahnar, District- Vaishali…………………………….…….Petitioners. Versus THE STATE OF BIHAR…………………………………………………..Opposite Party. ----------- 2. 24.02.2011. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in connection with Mahanar P.S. Case No. 132 of 2010 registered under Sections 272, 273 of the I.P.C. and Section 47(A) of the Excise Act. It is submitted by the learned counsel for the petitioners that during pendency of the present anticipatory bail application, petitioner nos. 1,3 and 4 have been arrested. Hence, their anticipatory bail application has become infructuous. So far petitioner nos. 2 and 5 are concerned, though small quantity of country made liquor has been recovered but it appears from the seizure list that they were preparing the country made liquor. In that view of the matter, I am not 2 inclined to interfere. Let the learned court below consider the regular bail application of petitioner nos. 2 and 5 if the petitioner nos.2 and 5 surrender and pray for regular bail within a period of four weeks from today before the learned court below and dispose off the regular bail application of the petitioner nos. 2 and 5 preferably on the same day considering the fact that quantity of seizure is very small. With this observation, this application is disposed off. Let the copy of this order be faxed to the learned court below at the cost of the petitioners. U. K. ( Dinesh Kumar Singh, J)