IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52847 of 2008 SURENDRA YADAV @ SURENDRA KUMAR YADAV Versus THE STATE OF BIHAR ----------- 3/ 19/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks anticipatory bail in a complaint case under Sections- 354/34 of I.P.C. in which charge-sheet has been submitted under Section-376 of I.P.C. The petitioner was enlarged on regular bail when the allegations were under lesser sections. The question of grant of anticipatory bail when the allegations became more serious with regard to one who is already in constructive custody of the law does not arise. The application for anticipatory bail is misconceived and is rejected. Any application for regular bail on behalf of the petitioner is required to be considered by the court below on its own merits in accordance with the principles settled regarding his conduct in the interregnum, misuse of the privilege of bail etc. and the gravity of the allegations that may have surfaced during investigation, without being prejudiced by the present order of rejection. KC ( Navin Sinha, J.)