IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34187 of 2009 1. BHARAT TIWARI 2. SATRUGHAN TIWARI 3. RATENDRA TIWARI ALL SONS OF LATE NAGESHWARI TIWARI, ALL RESIDENT OF VILLAGE RADHIYA, P.S. GOBINDGANJ, DISTRICT- EAST CHAMPARAN Versus STATE OF BIHAR . ----------- 2 03.12.2009 Heard learned counsels for the petitioner and the State. It is submitted that prior to submission of the charge-sheet the petitioner was on police bail with respect to the offence save and except the offence under sections 307 and 379 of the Indian Penal Code as cognizance of those offences has been taken by the learned Magistrate on submission of the charge-sheet of the rest of the offences. Learned counsel for the State submits that the petitioner should appear before the learned Court below and make an application for bail. Considering the submissions pf the parties, in case petitioner appears in the court below and makes an application for grant of regular bail, the same shall be considered on its own merit in accordance with law taking into consideration the fact that the petitioner was already on police bail from before as also considering the submission that the petitioner never misused the 2 privilege of bail. In case the learned Magistrate finds the submissions to be correct, the application for bail made be disposed of considering the nature of allegation. This application is, accordingly, disposed of. The order may be communicated to the Court below through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha, J.)