IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13839 of 2010 1. Indrasan Mahato 2. Bhutan Mahato 3. Janak Mahato All sons of Late Shyam Sundar Mahto. All residents of Village- Belwa Dumaria, P.S. Bagaha, District- West Champaran ………………Petitioners. Versus The State of Bihar …………………………Opposite Party. For the petitioners :- Mr. R. S. Sahay, Advocate. For the State :- Mr. Ram Priya Sharan Singh, A.P.P. ----------- 2. 18. 05. 2010. Heard the parties. Originally F.I.R. vide annexure-1 was lodged for offences under Sections 341, 323, 379 and 504/34 of the Indian Penal Code in which petitioners were named as accused. However, during the course of investigation, offence under Section 379 of Indian Penal Code was not found to be supported and petitioners were found to be accused for bailable offences only of the Indian Penal Code. Therefore, petitioners were released on bail by the Police itself in terms of Section 436 of Cr.P.C. Learned counsel for the petitioners submits that on close of investigation, Police submitted charge sheet under Section 307 I.P.C. on the basis of recommendation made by the Superintendent of Police and, therefore, petitioners have reasonable apprehension of arrest in the present case. It is well settled that once petitioner has been taken into Police custody or has surrendered to the jurisdiction to the court, 2 prayer for anticipatory bail under Section 438 Cr.P.C. is not maintainable and reference in this regard be made to the judgment of this Court in the cases of Mahendra Prasad Singh Vrs. State of Bihar, reported in 2004 (3), P.L.J.R. 491 as also in the recent case of Jag Narayan Yadav @ Babajee Yadav & others Vrs. State of Bihar, reported in 2010 (2) P.L.J.R. 684. In view of the aforesaid judgments of this Court, the present petition for grant of anticipatory bail is not maintainable. The petitioners must surrender in the court below in connection with Bagaha P.S. Case No. 610/2009 within a period of four weeks from today and seek regular bail, if so advised, which shall be considered and disposed of in the light of observations and directions given in the cases of Mahendra Prasad Singh (supra) and Jag Narayan Yadav @ Babajee Yadav (supra). It is submitted that while petitioners were on Police bail, they have not misused the privilege of the same. In that view of the matter, they will be given benefits of the observation of this Court in the aforesaid cases of Mahendra Prasad Singh (supra) and Jag Narayan Yadav @ Babajee Yadav (supra). This present petition stands disposed of with the aforesaid observations and directions. m.p. ( Birendra Prasad Verma, J.)