IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28670 of 2008 NAIMUDDIN MIAN & ORS Vrs. THE STATE OF BIHAR **** /2/ 12.08.2008 Heard the counsel for the petitioners and the State. 2. Anticipatory bail application on behalf of petitioners 1, 2 and 3, namely, Naimuddin Mian, Rustam Mian and Abu Mian, is not maintainable considering the fact that they were on police bail, charge sheet was submitted for bail able sections, but, the cognizance has been taken for non- bail able offence under Section 307 of the Indian Penal Code. This has been decided and reported in 2004(3) P.L.J.R., Mahendra Prasad Singh Vrs. The State of Bihar that in such cases anticipatory bail application is not maintainable. 3. Accordingly, the petitioners 1, 2 and 3 should surrender before the concerned Court, pray for regular bail and their prayer for regular bail should be considered in accordance with law in the light of the reported decision. 4. The prayer for anticipatory bail on behalf of the petitioners 1, 2 and 3 is rejected. 5. Petitioner no. 4, Usha Khatoon, was not sent up for trial, but cognizance has been taken against her, as such, prayer for anticipatory bail on her behalf is allowed. She is 2 directed to be released on anticipatory bail, in case of her surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Paharpur P.S. Case No. 71 of 2007 to the satisfaction of Sri Prabhat Trivedi, Judicial Magistrate, 1st Class, Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )