IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5145 of 2009 SUNIL KUMAR TRIPATHI & ANR Versus THE STATE OF BIHAR ----------- 2/ 21/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioners apprehend arrest in a police case originally registered under Sections- 307, 323, 341, 448 and 379/34 of I.P.C. in which charge sheet was submitted under bailable sections, but cognizance has been taken under non-bailable sections also. The petitioners are stated to have been on police bail. A person on police bail is already in constructive custody of the law. The question of grant of anticipatory bail to one already in constructive custody of the law does not arise. Any application for regular bail on behalf of the petitioners shall be considered by the court below in that background, on its own merits, keeping in mind if, while on bail, they had abused the privilege of bail, threatened witnesses or if very serious charges had transpired against them during investigation leading to submission of charge-sheet against them under non-bailable sections, without 2 being prejudiced by the present order. The application for anticipatory bail is misconceived. The application is disposed with the aforesaid observations. KC ( Navin Sinha, J.)