IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9103 of 2009 1. Ashok Mandal 2. Jagdish Mandal, both are sons of Moti Mandal, resident of village and P.S. Jadia, Tola Telyahi, District Supaul Versus STATE OF BIHAR ----------- 04/ 07.08.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 394, 397 and 302 of the Indian Penal Code against three unknown. Petitioners have been implicated in paragraph 37 of the case diary by one Gyaneshwar Ram, who was also with the deceased at the time of the occurrence. It is submitted on behalf of the petitioners that delay in recording the statement of Gyaneshwar Ram implicating the petitioners should be taken into account and they should be admitted to the privilege of bail in the event of arrest at this stage itself. I am not inclined to do so, as for the failure of the Investigating Officer to promptly record the statement of Gyaneshwar Ram, the benefit of grant of bail in the event of arrest cannot be allowed. Accordingly, petitioners above named are directed to surrender in the court of Chief Judicial Magistrate, Supaul in connection with Jadia P.S. Case No. 88 of 2005 within four 2 weeks from today and apply for regular bail which should be considered taking into account the delay in recording the statement of Gyaneshwar Ram. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Arjun/ ( V.N. Sinha, J.)