IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14646 of 2009 1. MD.SHAMSHUL 2. Md. Farukh Versus STATE OF BIHAR ----------- 2 29.4.2009 Heard the learned Counsel for the petitioners and the learned Counsel for the State. The petitioners were granted anticipatory bail in Cr. Misc. No. 43892 of 2008 on 24.11.2008 arising out of a police case under Section 302/34 of the Indian Penal Code during the period of investigation. The submission is that prior to that date charge sheet had already been submitted. Cognizance had been taken against petitioner no.1 differing with the police report when he was not charge-sheeted. If charge-sheet had already been submitted and cognizance taken, the order granting bail had become infructuous. There is no occasion to reconsider the prayer for grant of anticipatory bail. Any application for regular bail shall be considered by the Court below without being prejudiced by the present order. Application stands dismissed. A.kumar (Navin Sinha, J.) 2