It appears that the petitioners in the present case are facing prosecution in Industrial Area Police Station, Hazipur Case No. 01/2017 registered under Section 363, 364, 34 of the Indian Penal Code, later on Section 302/120-B of the Indian Penal Code was added. Immediately after registration of F.I.R. police obtained non-bailable warrant against them and on failing to arrest the petitioners the Investigating Officer made an application before the concerned Magistrate to issue process under Section 82 for attachment of the assets of the petitioners.

2. Learned counsel for the petitioners submits that the police officer had moved for issuance of process under Section 82 of the Cr.P.C. only within the period of three days from the date of obtaining the non-bailable warrant from the court. According to him no step whatsoever was taken by the police to arrest the petitioners during these three days period.

3. Be that as it may, the fact of the case would reveal that after the process was issued under Section 82 of the Code these petitioners approached this court by filing anticipatory bail application being Cr. Misc. No. 26275/2017 and Cr. Misc. No. 37864/2017. The records of th