IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16547 of 2008 ANGAD SINGH & ORS Versus THE STATE OF BIHAR ----------- 4 17.09.2008 Heard learned counsels for the petitioner, State and the informant. Petitioners are accused in a case registered for the offence under section 147, 148, 149, 323, 324, 307, 504, 506, 379 of the Indian Penal Code and section 27 of the Arms Act. It is submitted that it is not in dispute that the petitioner in course of investigation was allowed police bail. After investigation the police submitted the charge sheet for non-cognizable offence, however the Magistrate differed with the same and took cognizance under section 307 of the Indian Penal Code as well. It is submitted that the petitioners may be allowed anticipatory bail. Learned counsel appearing for the State and the informant submit that since the petitioners were allowed police bail, it would not be appropriate for them to make prayer for grant of anticipatory bail. The petitioners ought to have surrendered before the Court below and make application for bail. Having considered the submissions of the parties, it is directed that since the petitioners were allowed police bail, they should appear before the Court of 2 Judicial Magistrate, Bhabhua in connection with 363 of 2005 without delay. On such appearance of the petitioners within a period of four weeks from today and on making prayer for bail, the Court shall consider the prayer for bail in accordance with law taking into consideration the principles of law that person(s) who is or are already on police bail should not be denied to continue the privilege in absence of any allegation of misuse etc. while remaining on bail and shall dispose of the matter on the same day provided copy of the application for bail is given to the Public Prosecutor at least a week in advance. This application is, accordingly, disposed of. Manish/- ( Shailesh Kumar Sinha,J.)