IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6017 of 2011 1. Bharat Rai, son of Late Sahdev Rai 2. Arvind Yadav @ Arbind Kumar Yadav 3. Sanjay Yadav @ Sanjay Kumar Yadav @ Sanjay Prasad Yadav Both sons of Bharat Rai, All residents of village Semra Khas, Police Station – Turkaulia, District – East Champaran. -------- Petitioners. Versus The State Of Bihar --------Opposite Party ----------- 03. 12.07.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. The petitioners who apprehend their arrest in connection with Turkaulia P.S. Case No. 95 of 2010 for the offences under section 272, 273 of the Indian Penal Code and section 47(A) of the Excise Act, pending in the court of Chief Judicial Magistrate, East Champaran, Motihari. The three petitioners are named accused in this case with allegation of escaping from their house during police raid during which spirit and other materials for packing of wine were recovered. During the course of arguments, it is pointed out that only petitioner no. 2 Arvind Yadav @ Arbind Kumar Yadav, has one case of similar nature against him since the year 2006, but, other two petitioners being his father and younger brother have 2 clean antecedents, but considering the facts and circumstances of the case and conduct of the petitioners, this court does not find fit to grant the privilege of anticipatory bail to the petitioners. Hence, prayer for anticipatory bail of the petitioners is hereby rejected, if so wishes, they may surrender before the court below and seek regular bail where their prayer may be considered on its own merit without being prejudice of instant refusal. Rajeev/ ( Akhilesh Chandra, J.)