IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32392 of 2008 BHAGWAN PANDIT Versus STATE OF BIHAR ----------- 3. 07.11.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a Police case registered originally under the bailable Sections of the Penal Code to which Section 326 was added subsequently. While the allegations were under the bailable sections the petitioner surrendered and was enlarged on regular bail. Once he was enlarged on regular bail he is already in constructive custody of law. Question of grant of anticipatory bail to him in a case in which he is already on regular bail is misconceived. This Court in 2005 (3) PCCR 163 (Sardari Mistri & ors. Vs State of Bihar) has held that once a person had subjected himself to the custody of the Court and released on regular bail there can be no apprehension of arrest by that person in that very case in which he was already in constructive custody of the law by reason of grant of bail. The application for anticipatory bail is rejected. Any application for regular bail on behalf of the petitioner shall be considered by the court below in accordance with law keeping in mind that he was enlarged on regular bail while the allegations were under the lesser sections and whether he had misused the privilege of bail, attempted to interfere with the investigation, tampered with the witnesses etc. on which ground alone can he now be denied regular bail. It is anachronistic that the petitioner can be granted anticipatory bail when the allegations have become more serious when he was granted regular bail on lesser sections, without being prejudiced by the present order. Let this order be communicated by fax at the cost to be deposited by the petitioner. . Snkumar/- (Navin Sinha,J.)