IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44429 of 2010 ARPAN THAKUR & ORS. Versus THE STATE OF BIHAR AND ANR. ----------- 2 26.3.2011 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners draws the attention of this Court to a decision rendered in the case of Bishundeo Sahu vrs. The State of Bihar reported in 2011 (1) PLJR 731. The Division Bench taking into consideration the decision of Mahendra Pd. Singh vrs. The State of Bihar reported in 2004 (3) PLJR 491 has held that once a person has been granted bail and bail bonds executed at a later stage, if the evidence is treated as non-bailable the applicant cannot file his application for grant of bail. The only remedy available to him is to surrender before the concerned court below and the concerned court below will grant him bail without taking him into custody, considering his conduct while on police bail and also that he has not misused the privilege of bail. The law being what it is, let the petitioners surrender before the court below and their cases will be considered in the light of two decisions which has been referred in the earlier part of this decision. This application is disposed of with the observation as above. RPS (Ajay Kumar Tripathi,J.)