IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7679 of 2008 NARESH RAM & ORS Versus STATE OF BIHAR ----------- 2. 06.5.2008 The eight petitioners have approached this Court for grant of anticipatory bail in a case under Sections 147, 148, 149, 323, 324, 325 and 307 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that earlier the case was not registered under Section 307 of the Indian Penal Code but after investigation charge sheet has been submitted under the said Section also and cognizance has also been taken under the said Section. At the earlier stage all the petitioners have been granted bail by the learned Additional Chief Judicial Magistrate, Bagaha but on account of the addition of Section 307 they are apprehending their arrest. The petitioners having once been granted bail by the Court below, even on the addition of Section 307 at the stage of charge sheet or taking cognizance does not entitle them to again move for anticipatory bail. In similar circumstances in the case of Mahendra Prasad Singh Vs. The State of Bihar 2004(3) PLJR the petitioner of that case had been granted police bail. The F.I.R. had been filed under bailable section but subsequently charge sheet was filed for non-bailable offences also. This Court has held therein that the application for anticipatory bail is not maintainable. However, in para 5 of this said judgment it was observed by this Court as follows :- “In the facts of the case, petitioner must honour the terms of police bail and appear before the Court without any delay. In case, petitioner appears before the Court below within six weeks then the Court below shall consider his prayer for bail in accordance with law keeping in view the well - 2 - established principle that a person who is already on bail shall not be denied such privilege unless there is any allegations of misuse etc. With this observation this application for anticipatory bail is disposed of.” The law laid down by this Court in the said case is applicable with equal force in the present matter where the petitioners have been granted bail by the Additional Chief Judicial Magistrate earlier. In the above circumstances, it is held that the present application for anticipatory bail is not maintainable. However, if the petitioners appear before the Court below within six weeks from today making a prayer for bail, the Court below shall consider their prayer for bail in accordance with law keeping in view the observation made by this Court in the case of Mahendra Prasad Singh (supra). P. Kumar ( Ramesh Kumar Datta, J. )