IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36235 of 2008 1. DINESH KUMAR TIWARI 2. ANSHU KUMAR Versus THE STATE OF BIHAR ----------- 2/ 11/11/2008. Learned counsel for the petitioners submits that the allegations, both under the Indian Penal Code and the Drugs and Cosmetics Act, are bailable. Under a misconception an application for anticipatory was filed and, therefore, the predicament to pursue the same before this Court under Section-438 of Cr.P.C. If the offences were bailable, the law shall take its course. A misconceived application for anticipatory bail cannot prejudice the petitioner in that event. The application is disposed with the aforesaid observation. KC ( Navin Sinha, J )