IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22844 of 2009 UMESH PRASAD, son of Chandeshwar Mahto, resident of village- Anantpur, P.S.-Ghosi, District-Jehanabad. …….Petitioner Versus The State Of Bihar ……Opposite Party ----------- 02. 04.09.2009 Petitioner apprehends arrest in Ghosi P.S. Case No. 59 of 1992 instituted under Sections 147, 148, 149, 342, 447 and 307 of the Indian Penal Code and Section 27 of the Arms Act. On behalf of the petitioner, it is stated that originally the First Information Report was under bailable Sections and as such in course of investigation the petitioner was granted bail by the Court of Chief Judicial Magistrate itself. Subsequently after investigation charge-sheet has been submitted under Section 307 as well which is non-bailable and accordingly he apprehends being detained by the Court below. Learned counsel further submits that some of the persons against the charge-sheet were submitted moved application for discharge. The same having been rejected by the Chief Judicial Magistrate, they preferred revision before the learned Sessions Judge. Learned Sessions Judge has already held that no case under Section 307 is made out then rest of the Sections now become bailable. In my view, this application for Anticipatory bail is 2 most misconceived and has been filed on a wrong advice of lawyer. This Court in the case of Mahendra Prasad Singh Versus The State of Bihar since reported in 2004(3) PLJR 491 has held categorically that in a situation like the present where an accused is already on Court or police bail, a charge- sheet is subsequently field for cognizable non-bailable offences and ordinarily the bail granted would continue unless it is shown that the accused had abused the privilege of bail in any manner. In the present case once Sessions Judge has held that no case under Section 307 is made out, the position becomes much more favorable to the petitioner as no non-bailable Sections remain, still the petitioner has been advised to apply for Anticipatory bail when in law there is no apprehension or arrest. Petitioner must surrender or appear before the Court below within a period of four weeks from today, the learned Magistrate would pass orders accordingly in accordance with law. The application stands disposed of. Shageer (Navaniti Prasad Singh, J)