IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11777 of 2009 1. PRAKASH THAKUR,son of late Taga Thakur, 2. Batahu Thakur,son of Shyamdhari Thakur, 3. Pintu Thakur,son of Batahu Thakur, 4. Shashi Ranjan Thakur,son of Birendra Thakur. All resident of village-Mahisar,P.S.- Runnisaidpur,District-Sitamarhi. Versus STATE OF BIHAR ----------- 02/ 21-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that allegation is for the assault and without any sufficient material cognizance has been taken under Section 308 of the Penal Code, which never can be taken for making a fresh ground for fresh bail, while they are on bail finding the case bailable one. Therefore, the above named petitioners are allowed to remain on the same bail in Runnisaidpur P.S.Case No.157 of 2008, pending in the court of the Chief Judicial Magistrate, Sitamarhi. Accordingly, this petition for anticipatory bail is disposed of. This order may be sent to the concerned court below through fax at the cost of the petitioners. AH/ ( Mandhata Singh, J. )