IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7647 of 2010 VIJAY SINGH @ VIJAY KUMAR SHARMA Versus STATE OF BIHAR ----------- For the petitioner : M/S Naresh Chandra Verma with Arun Kumar Lal, Advocates. For the State : Mr. Manish Kumar, A.P.C. 2/ 19.03.2010 Heard learned counsel for the petitioner and the learned Addl. P.P. for the State. It is stated by learned counsel for the petitioner that originally a case was instituted under section 379 and some other bailable offence of the Indian Penal Code. Therefore, the petitioner surrendered in the court of learned Chief Judicial Magistrate, Muzaffarpur on 13.03.2001 and was enlarged on bail. It appears that subsequently police submitted charge-sheet under section 307 of the Indian Penal Code and, accordingly, cognizance was taken by the learned Magistrate and thereafter warrant of arrest was issued against the petitioner. It is well settled that once an accused surrenders either in the court or apprehended by the police then he can not seek remedy under section 438 of the Cr.P.C. Therefore, the present application for anticipatory bail is not maintainable and is accordingly dismissed. However, the petitioner was on bail. Therefore, if the petitioner surrenders in the court below within four weeks from today and prays for regular bail, the same should be considered favourably in the light of the observation made by this Court in the case reported in Mahendra Prasad Vrs. The State of Bihar; 2004 (3) P.L.J.R. 491. ( Birendra Prasad Verma, J ) BTiwary/