IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19040 of 2009 1. BABAN YADAV 2. Parmanand Yadav 3. Basantu Yadav 4. Sant Yadav 5. Dadan Yadav All sons of late Tapu Yadav 6. Arjun Yadv, son of Gobardhan Yadav 7. Paramhans Yadav, son of Gobardhan Yadav 8. Komal Yadav, son of Gudari Yadav All are residents of village-Kharigawan, P.S.-Chainpur, District- Kaimur(Bhabhua)----------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 7.7.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that the case was filed under sections 147, 323, 324, 379 and 427 of the Indian Penal Code and section 3(1)( x) of the SC and ST (Prevention of Atrocities) Act but chargesheet was submitted only under bailable sections. Petitioners were allowed bail but later cognizance is taken for the offence under section 3(1)(x) of the SC and ST(Prevention of Atrocities) Act and petitioners are apprehending their arrest. Learned counsel for the petitioners is stressing non- maintainability of the anticipatory bail after cognizance. It is admitted case of the parties that petitioners were allowed bail in the case while investigation was pending and that is not misused. So I do not find any need to allow the petitioners on bail again and the above named petitioners are allowed to remain on bail so granted to them in connection with Chainpur P.S. case no.133 of 2008 pending in the court of Chief Judicial Magistrate, Kaimur at Bhabhua. - 2 - This application is disposed of . Let this order be communicated through fax at the cost of the petitioners. Sudip ( Mandhata Singh, J )