IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12714 of 2010 RAM NARESH PATEL @ MUNNA PATEL,son of Sri Shiv Shankar Patel,resident of village- Kanhauli, P.S.-Mahua,District-Vaishali.. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioner :Mr. Gopal Shankar,Advocate For the State :Mrs.Rita Verma,Addl.P.P. ----------- 02/ 13-05-2010 Heard the parties. Though criminal prosecution started for the offence under Section 307 and some other minor or bailable offences under the Penal Code, and there are case and counter case from both the sides with respect to the same occurrence and further persons from both the sides sustained injuries on their persons, which were opined to simple in nature, but during the course of investigation the police came to a conclusion that the offences committed by the petitioner are bailable in nature and, therefore, on that ground the petitioner was granted police bail. It is submitted by the learned counsel for the petitioner that he had not misused the privilege of bail granted by the police. However, the learned Magistrate disagreed with the police report and took cognizance against the petitioner for the offence under Section 307 besides other offences of the penal Code. In view of the ratio decided by this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar, reported in 2004(3) PLJR 491, and also in a recent case of Jagnarayan Yadav 2 @ Babajee Yadav Vs. The State of Bihar, reported in 2010(2) PLJR 684, the present application for grant of anticipatory bail is not maintainable. The petitioner is directed to surrender in the court below within four weeks from today in connection with Mahua P.S.Case No.194/2007 and seek regular bail, if so advised. As the petitioner has not misused the privilege of police bail, it is expected that he will be given similar benefits as per the observations and directions made in those two cases referred to above. The application stands disposed of with the observations and directions made above. AH/ ( Birendra Prasad Verma, J.)