IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29716 of 2008 UDAY SINGH & ORS. Vrs. THE STATE OF BIHAR **** /2/ 21.08.2008 Heard the counsel for the petitioners and the State. 2. Petitioners, Uday Singh, Om Prakash Singh, Nathuni Singh and Kalendra Singh, are named as accused in Jamhore P.S. Case No. 5 of 2007. All petitioners were on police bail. After investigation charge sheet was submitted under bail able sections, but, cognizance has been taken under Section 307 of the Indian Penal Code also. 3. Considering this fact, that anticipatory bail application filed on behalf of the petitioners is not maintainable in view of the decision reported in 2004 (3) P.L.J.R., 491 ( Mahendra Prasad Singh Vrs. The State of Bihar). However, in case the petitioners surrender before the concerned Court, their prayer for bail should be considered in accordance with law in view of the directions issued in the reported decision. The Court concerned will taken notice to this effect that the petitioners never misused the liberty when they were on police bail. 4. This application is dismissed. S.A. ( Mridula Mishra, J. ) 2