IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14353 of 2011 1. DEVENDRA MAHTO S/0 Late Ram ji Mahto 2. Budhan Mahto @ Budhan Kumar S/O Devendra Mahto. Both are R/0 Vill- Sonsa, P.S. Rahuyee, Dist:- Nalanda. Versus THE STATE OF BIHAR ----------- 2. 09.05.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that the police found the case true under bailable provisions. It is also submitted by learned counsel for the petitioners that petitioners are on police bail. In that circumstance, the anticipatory bail application is not maintainable. Let learned Court below pass appropriate order with regard to regular bail of the petitioners in view of the ratio laid down in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 (3) PLJR 491 provided that petitioners have not misused the privilege of bail. With the observations made above, the application is disposed off in connection with Rahui P.S. Case No. 267 of 2008 from the Court of Sri Ajay Kumar Judicial Magistrate, 1st Class Nalanda at 2 Biharsharif. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners. Anand Kr. ( Dinesh Kumar Singh, J.)