IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33463 of 2009 1. BABLU @ MD.SHAHABUDDIN, SON OF MD. KITABUDDIN 2. MD. EKBAL, SON OF MD. KITABUDDIN BOTH RESIDENTS OF VILLAGE GANJ NO. 1, BETTIAH, P.S. BETTIAH TOWN, DISTRICT WEST CHAMPARAN. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 5.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are apprehending their arrest in a case under Sections 323, 324, 379, 384 and 504 of the Indian Penal Code. The petitioners were on police bail. Subsequently, petitioners have moved for anticipatory bail. It is well settled principle that anticipatory bail would not be maintainable in the facts stated aforesaid however, if the petitioners surrenders in the Court below, the Court below should ordinarily grant bail keeping in mind that the petitioners have earlier been granted bail and they have has not misused the bail. With this observation, this anticipatory bail application is disposed of. Sanjay (Sheema Ali Khan, J.)