IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32629 of 2008 BHAGWAN PRASAD & ANR Versus STATE OF BIHAR ----------- 3. 17.9.2008 Heard learned counsel for the petitioners and the State. The anticipatory bail application of the petitioners was earlier disposed of vide order dated 17.4.2007 with certain observations. Learned counsel for the petitioners submits that though the case was filed under Sections 307 & 323 of the IPC, but the police after investigation submitted final form under bailable sections. Nevertheless, the court took cognizance of the offence under non- bailable sections. Having heard the learned counsel for the parties, it will be open for the petitioners at the time of seeking regular bail to submit before the learned Magistrate that the police in course of investigation has filed charge sheet only under bailable sections. In case the petitioners surrender, the learned Magistrate will dispose of the bail application preferably on the same day without being prejudiced by this order. With this observation, this application is rejected. DKS/ (Samarendra Pratap Singh, J)