IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.50887 OF 2008 1. MD.MAJIBUL @ MD.MAJIBULLAH, SON OF MD. WASIL 2. MD. SANAULLAH, SON OF MD. WASIL 3. MD. SADDIQ @ MD. SADIK, SON OF MD. PALTAN 4. MD. JAKIR, SON OF MD. SADIK ALL RESIDENT OF VILLAGE RAHI, POLICE STATION SINGHIYA, DISTRICT SAMASTIPUR …………. …………………PETITIONERS VERSUS STATE OF BIHAR ********** 2 23.01.2009 Heard Counsel for the petitioners, informant and the A.P.P. appearing on behalf of the State. Petitioners are accused in a case under Sections 147, 148, 149, 341, 323, 427, 448, 324, 380 and 307 of the Indian Penal Code. Learned Counsel submits that earlier the petitioners were on police bail and after the upgradation of section, the petitioners would have to surrender before the Court below and pray for regular bail. This Court, in the case of Mahendra Prasad Singh vs. The State of Bihar reported in 2004 (3) PLJR 449 has laid down a law with respect to grant of anticipatory bail in case where the accused persons had been given the benefit of police bail. This Court has held that anticipatory bail petition would not lie before this Court and petitioner would have to surrender. It has also been observed that normally, the Court below should not deny bail to such persons if they have not otherwise misused the privilege of bail. 2 I, accordingly, direct that all the petitioners surrender before the Court below within a period of six weeks and make a prayer for grant of regular bail and the Court below will consider the bail petition in the light of the observations aforesaid. The anticipatory bail application is accordingly disposed of with the aforesaid observation. Let a copy of this order be communicates to the court below through fax at the cost of the petitioners. Anand ( Sheema Ali Khan, J. )