IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49425 of 2008 1. SHIV NARAYAN YADAV @ SHIV SHANKAR YADAV 2. BHOLA YADAV Versus STATE OF BIHAR ----------- 2. 16.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 307 and other provisions of the Penal Code. Learned counsel fairly acknowledges that originally when the allegations were under bailable Sections they had been enlarged on regular bail, when cognizance has now been taken under Section 307 of the Penal Code also. The question of grant of anticipatory bail to an accused already in constructive custody of the law by grant of regular bail in the same accusation has been adequately considered by this Court in its judgment reported in 2005(3) P.C.C.R. 163 as not maintainable. The application is rejected. Any application for regular bail on behalf of the petitioners shall be decided in accordance with the provisions of the Code of Criminal Procedure and the law enunciated in the aforesaid judgment. AKS/ (Navin Sinha, J.)