IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21697 of 2011 Sukur Mohammed @ Chellu Versus The State Of Bihar ----------- 2/- 08.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. Apprehending his arrest in connection with Abadpur P.S. Case No. 9 of 2009 registered for the offence under sections 147, 341,323, 307, 379 and 354 of the Indian Penal Code, the petitioner has prayed for grant of bail. Taking into consideration the submission made on behalf of the petitioner as also the pleadings made in the petition, I am of the view that application under Section 438 (2) of the Cr.P.C. is not maintainable since the petitioner was already on police bail. In that view of the matter, the present application is dismissed as not maintainable. The petitioner may seek remedy before the appropriate court and may also cite the judgments of this Court, wherein this issue has been decided that if a person is on police bail he should seek regular bail and not anticipatory bail. There is also guideline for consideration of regular bail by the learned Magistrate. The petitioner is at liberty to place all these materials 2 before the Magistrate, who will consider the same and pass appropriate order in accordance with law. Sanjeet/- (Ashwani Kumar Singh, J.)