IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48154 of 2008 1. RAMASHISH BHAGAT 2. GANESH BHAGAT 3. RAMKISHORE BHAGAT @ RAMKUMAR BHAGAT @ RAM KUMAR 4. SHYAM KISHORE BHAGAT Versus STATE OF BIHAR ----------- 2. 03.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioners apprehend arrest in a Police case originally lodged under bailable Sections when cognizance has now been taken under Section 308 of the Penal Code also. Earlier when the allegations were under bailable Sections the petitioners were enlarged on bail. The question of granting anticipatory bail to one who is already in constructive custody of law by grant of regular bail specially when the allegation becomes more serious simply does not arise. The application is misconceived. For reasons stated in paragraph 6 of the application that the petitioner did attempt to appear before the court below and seek continuance of their bail, this Court considers it proper to dispose off this application with the observation that any application for regular bail on their behalf shall be considered appropriately by the court below in accordance with law discussed by this Court in its judgment in the case of Sardari Mistry & ors. V. The State of Bihar, reported in 2005(3) PCCR 163. AKS/ (Navin Sinha, J.)