IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.261 of 2011 KRISHNA CHAUHAN, SON OF LATE BHATTU CHAUHAN Versus THE STATE OF BIHAR ----------- 02 03.02.2011 Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Petitioner seeks his bail in connection with Hisua P.S. Case No. 150 of 2007 registered under Section 307 and other minor Sections of the Indian Penal Code. It would appear from perusal of the record that initially the aforesaid case was registered under non-bailable Sections and in course of investigation, petitioner was released on bail by the Police. Subsequently, Police having found case under bailable Sections submitted charge sheet but learned Chief Judicial Magistrate differed with the findings of the Police and took cognizance for the offence under Section 307 of the Indian Penal Code and thereafter petitioner surrendered before the court below but he was remanded in this case by learned Chief Judicial Magistrate and thereafter his prayer for bail was rejected by Chief Judicial Magistrate as well as Additional Sessions Judge-Ist, Nawada. It is very unfortunate that not only learned Chief Judicial Magistrate, Nawada but also Additional Sessions Judge-Ist, Nawada could not understand the spirit of law. It has already been set at rest by several decisions of this Court that if an accused is granted bail by the Police in course of investigation in the cases instituted under non- bailable sections, the grant of said bail shall be for all the purposes and 2 the said bail cannot be cancelled unless and until there is a case of misuse of privilege of bail. Considering the aforesaid facts and circumstances as well as submissions of the parties above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 150 of 2007. Shahzad (Hemant Kumar Srivastava, J)