IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5109 of 2011 1. RAMCHANDRA MISTRY @ RAMCHANDRA SHARMA SON OF DEVENDRA MISTRY. 2. PRAMOD PANDEY SON OF KAMLA PANDEY. -------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 2 25.03.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 504 and 307/34 of the Indian Penal Code. It appears that on 25.08.2009, the petitioners were granted regular bail, on surrender, by the learned court below, when the case was instituted only under the bailable section. It is submitted that the charge sheet has also been submitted under the bailable section, but, differing with the same, the cognizance has also been taken under Section 307 of the I.P.C. In view of the fact that the petitioners had surrendered and got the regular bail, their anticipatory bail is not maintainable in view of the ratio as laid down in 2011(1) P.L.J.R., 731 (Bishundeo Sahu Vs. 2 State of Bihar & ors.). Let the learned court below consider the regular bail application of the petitioner preferably on the same day in view of the ratio as laid down in the aforesaid case, provided the petitioners have not misused the privilege of earlier bail. With the above observation, this application is, accordingly, disposed off. Amrendra/- (Dinesh Kumar Singh, J.)