IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5237 of 2009 1. Mahipal Mishra 2. Rohit Kumar Mishra 3. Ramesh Mishra 4. Shiv Shankar Mishra 5. Bhukhan Mishra alias Bhushan Mishra 6. Shyama Nand Jha 7. Jagarnath Jha …. Petitioners -versus- The State of Bihar ……… Opp. Party. ---- 02/ 15.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners submits that after investigation the Police submitted charge-sheet only for bailable offences and the petitioners were enlarged on police bail, but subsequently the learned Magistrate took cognizance also for non- bailable offences and hence the petitioners are apprehending danger of arrest and custody and in the said circumstances this anticipatory bail petition has been filed. Learned counsel for the petitioners relied upon a decision of this Court in case of Mahendra Prasad Singh vs. State of Bihar, reported in 2004(3) P.L.J.R. 491. Since the case was initially for non-bailable offence, wherein the petitioners were released on bail by police, now their petition for anticipatory bail on the ground that they have apprehension of arrest in the same case, cannot be held to be maintainable. In the said circumstances, the petitioners must honour the terms of Police bail and appear before the court below without any delay. In case the petitioners appear before the learned court 2 below within six weeks from today then the court below shall consider their prayer for bail in accordance with law keeping in view the established principles of law that a person, who is already on bail, shall not be denied such privilege unless there is any allegation of misuse etc. With the aforesaid observation, this petition for anticipatory bail is disposed of. MPS/ ( S. N. Hussain, J. )