IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.50823 of 2008 Md. Wasil, son of Md. Ahmad, resident of village Rahi, P.S. Singhiya, district Samastipur (Bihar) .. Petitioner With Cr.Misc. No.2733 of 2009 Md. Anwarul, son of late Basir, resident of village Belahi, P.S. Singhia, district Samastipur .. Petitioner Versus The State of Bihar .. Opposite Party (in both the cases) **** /2/ 03.03.2009 Heard the counsel for the petitioners and the State. 2. Petitioners, in both the applications, were named as accused in Singhiya P.S. Case No. 62 of 2005, which was registered for offence under Sections 380, 448, 427 and other sections of the Indian Penal Code. After investigation police submitted charge sheet against Md. Wasil under bailable sections and he was allowed police bail. Petitioner, Md. Anwarul, was not charge sheeted. However, cognizance was taken by the Magistrate under Section 307 of the Indian Penal Code, which is a non-bailable offence. Prayer on behalf of the petitioner, Md. Wasil, (in Cr. Misc. No. 50823 of 2008) for grant of anticipatory bail in the circumstance is not maintainable as decided by this Court in a decision reported 2 in 2004(3) P.L.J.R., 449 (Mahendra Prasad Singh Vrs. The State of Bihar) and several other similar cases. Petitioner should surrender before the concerned Court for grant of regular bail. The concerned Court will pass order in his case as per the direction given in the reported decision. 3. Prayer for anticipatory on behalf of the petitioner, Md. Wasil, is dismissed as not maintainable. 4. However, the petitioner, Md. Anwarul, (in Cr. Misc. No. 2733 of 2009) was not charge sheeted and the cognizance was taken by the Magistrate against him also, his prayer for grant of anticipatory bail is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Singhiya P.S. Case No. 62 of 2005 to the satisfaction of Sri J.K. Dubey, Judicial Magistrate, 1st Class, Rosera, Samastipur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )