IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7617 of 2011 KRISHNA KUMAR CHAUDHARY AND SUBHASH CHAUDHARY Versus THE STATE OF BIHAR ----------- 2. 28.02.2011. Heard Sri Bijay Bhushan Prasad, learned counsel appearing for the petitioner and also heard Sri Binod Kumar, learned counsel appearing for the State. The petitioners were on police bail in a case under Sections 307, 379 etc IPC. It appears that during the course of investigation without taking any appropriate step under law for cancelling the bond of the petitioners the police is attempting to arrest the petitioners in connection with Patory P.S.Case No.101 of 2009. It appears from the rejection order itself that paragraph-50 of the case diary indicates that the petitioners were admitted to bail by the police and there is nothing indicated by the rejection order that the bail bonds of the petitioners which had been executed by them have been cancelled. It may be pointed out that the police may have the powers to admit an accused to bail but when it comes to cancellation of the 2 bond it must make a prayer for cancelling the same inasmuch as the powers to cancel a bond lies exclusively with a court, may be with the Magistrate, may be the Sessions Judge or may be this Court; that power never lies with the police. Thus, if the police has made any attempt by placing facts along with its prayer for cancelling the bond of the petitioners which might have been executed by them in pursuance to which they have been admitted to bail by the police, they could not be arrested. In that view of the matter as also in view of the decision of this Court reported in 2011(1)PLJR 731 Bishundeo Sahu Vrs. State of Bihar, if a person is admitted to bail he is supposed to be in custody of the court and as such, prayer for bail could not be maintainable. In that view of the matter, this bail petition is not maintainable. However, it may be pointed out that the petitioners might have been admitted to bail by the police and that bail order in absence of any order of cancellation, has to continue till the final form is submitted 3 before the court below and a judicial order is passed by a competent court. As such, any attempt by any instrumentality of the state, may be the police or any other agency to arrest the petitioner shall itself be an illegal act for which the officers concerned may be held up under law. With the above directions, this petition is disposed of. Let a copy of this order be transmitted to the concerned Superintendent of Police at the cost of the petitioners. B.Kr. ( Dharnidhar Jha,J.)