IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17324 of 2010 ISHWAR YADAV & ORS . Versus STATE OF BIHAR . ----------- 2/ 14/6/2010 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners fairly acknowledges that in the nature of the original allegations under bailable sections they were on police bail when cognizance has now been taken under Section-307 Indian Penal Code also. A person on bail is in constructive custody of the law. The question of anticipatory bail to such a person does not arise. This application is disposed off with the observation that any application for regular bail shall be considered by the court below on its own merits in accordance with law as laid down in the judgment of this Court reported in 2004(3) P.L.J.R. 491. Let the order be communicated to the court of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No.08 of 2009 by FAX at the cost of the petitioners. KC ( Navin Sinha, J.)