IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32379 of 2009 SAYED ASGAR AHMAD @ SYED ASGAR AHMAD Versus STATE OF BIHAR ----------- 2/ 16.09.2009 Heard counsel for the petitioner and the State. Petitioner has filed this application for modification/clarification of order dated 17.02.2009 passed in Cr. Misc. No. 48863 of 2008. By this order, prayer for anticipatory bail was considered as not maintainable for the reason that all offences are bailable. Petitioner in the light of the order passed by this Court initially, approached the District and Sessions Judge who directed to surrender before the concerned Magistrate in the light of the order passed by the High court. Learned counsel for the petitioner submits that S.D.J.M. Bhagalpur is not accepting stand taken by the petitioner regarding the nature of the offences as bailable. Petitioner’s counsel submits that instead of passing an order regarding bailable offences the Magistrate is going to take him in custody. The order is clarified to this extent that the offence alleged is under Section 27(ii)(b)(d) of the Drugs and 2 Cosmetics Act. So far, Section 27 (b) (ii) is concerned, the imprisonment is less than one year which can be extended to three years and fine not less than five thousand rupees. Under Section 27 (d) maximum sentence is one year which may be extended to two years, with fine. Under the classification of offences as mentioned under the schedule in the Cr. P.C., if the offence is punishable with imprisonment for three years and above but not more than 7 years, it is non-bailable. But in case the offence is punishable with imprisonment for less than 3 years or with fine only, the offence is bailable. Considering the schedule, anticipatory bail application filed by the petitioner was dismissed as not maintainable, since all offences were bailable offences and for such offences there is no provision for grant of anticipatory bail. This application for modification/clarification is accordingly, disposed of. Sanjeet/ (Mridula Mishra, J.)