IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28062 of 2008 DIN DAYAL SHARMA Vrs. THE STATE OF BIHAR **** /2/ 12.08.2008 Heard the counsel for the petitioner and the State. 2. Petitioner was on police bail. Subsequently, charge sheet was submitted for bail able sections, cognizance has been taken under Sections 458, 323, 376 and 511 of the Indian Penal Code, which are non-bail able, now warrant of arrest has been issued. 3. Considering the decision reported in 2004 (3) P.L.J.R., 491 Mahendra Prasad Singh Vrs. The State of Bihar anticipatory bail application is not maintainable. Petitioner, in the light of the reported decision should have surrendered before the concerned Court and make prayer for granting regular bail, which, in the given circumstance, should be considered in the similar manner as directed in the reported decision. Counsel for the petitioner submits that the petitioner ha never misused the privilege of bail. The Court below should consider all these aspects while considering the regular bail application. 4. This application is dismissed. S.A. ( Mridula Mishra, J. )