IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33204 of 2010 1. LAXMI ANARYAN SINGH 2. ONKAR NATH SINGH Versus STATE OF BIHAR . ----------- 02/ 08.09.2010 This application has been filed by the petitioners for grant of anticipatory bail in connection with Babubarhi P.S. Case No. 69 of 2008 registered for offence under Sections 420, 467, 468 & 471 of the Indian Penal Code and 135 of the Representation of Peoples Act. Earlier the petitioners had filed Cr. Misc. No. 32730 of 2008 for grant of anticipatory bail, which was permitted to be withdrawn by order dated 11.9.2008. Counsel for the petitioners had prayed for withdrawal of the anticipatory bail application for the reason that after investigation final form was submitted by the police for non-bailable offences and the charge sheet was submitted only under the bailable sections, as such petitioners were on police bail. However, the Magistrate took cognizance under Section 467 of the Indian Penal Code, which is non-bailable and warrant of arrest has also been issued against the petitioners thereafter. 2 The law is very much settled in such matters as reported in 2004(3) PLJR 491 (Mahendra Prasad Singh Vs. State of Bihar). In case the FIR is instituted for bailable as well as non-bailable offences and the charge sheet is submitted only in relation to bailable offences. The police has granted bail to the accused in the bailable sections. But subsequently if cognizance is taken under non-bailable offences, anticipatory bail cannot be allowed to the accused. The reason is that the accused persons were already on bail and if the warrant of arrest has been issued for non-bailable offences they will have to surrender before the concerned court and pray for regular bail. However, the concerned court, while passing necessary orders on application for bail of such accused, will consider that accused persons were granted police bail and remaining on police bail they have not misused the privilege of bail. The court concerned must also take this fact into consideration that earlier charge sheet was submitted only under bailable sections. Instead of sending the accused to bail there should be consideration for granting them bail. In the facts and the circumstance, the prayer 3 on behalf of the petitioners for granting anticipatory bail is rejected and they are directed to surrender before the concerned court, will pass order in accordance with law. DKS/ ( Mridula Mishra, J.)