IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2041 of 2009 1. BESAN SAH 2. RAJ KUMAR SAH Versus STATE OF BIHAR With Cr.Misc. No.15961 of 2009 1. PRABHAWATI DEVI 2. KALAWATI DEVI Versus STATE OF BIHAR ----------- 03/ 22.05.2009 The prayer for bail of Besan Sah stands dismissed as infructuous. Heard Sri Ranjan Kumar Srivastava, Advocate for the petitioners and Sri Dasrath Mehta, APP for the State. Let the petitioners of the two petitions surrender and pray for regular bail. The court below could keep in minds that the FIR was registered initially under all bailable sections and accordingly, the charge sheet was also filed under those sections. The petitioners were on police bail. Unless the bonds are cancelled the petitioners could not be taken into custody and once the petitioners were on police bail they could appear and ask the court to permit them to furnish bonds. I believe that the court follows the law properly and does the right thing without any prejudice towards the petitioners for preferring anticipatory bail - 2 - petition. This petition is, accordingly, disposed of. Let this order be transmitted to the court of Chief Judicial Magistrate, Gopalganj in connection with Bishambharpur P.S. Case No. 39 of 2007 through fax at the cost of the petitioners. DKS/ (Dharnidhar Jha, J.)