IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15866 of 2009 PRAMOD KUMAR Versus STATE OF BIHAR ----------- 2 12.5.2009 Head learned counsel for the petitioner and the State. Maintainability of the petition for anticipatory bail is emphasized on the ground that the petitioner was on police bail in connection with Jehanabad P.S.case no.372 of 2007. Thereafter anticipatory bail is not maintainable. While the submission of learned counsel for the petitioner is that the allegation appeared after six months of the incident, if any occurred and that was the assault caused by duster on head of a five year student, clearly justifies the petitioner’s bail, assuming the offence in any of the sections, in my view also the petitioner is on bail granted by the police needs no fresh order to be allowed on bail or anticipatory bail, so his prayer for anticipatory bail is disposed of with a direction to continue on bail so granted to him. Let this order be communicated to the court below i.e. Sri Sanjay Kumar, Judicial Magistrate, 1st Class, Jehanabad through fax at the cost of the petitioner. (Mandhata Singh, J.) AI