IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20324 of 2011 1. Chandan Kumar Singh. 2. Ramesh Kumar Singh. Both sons of Sri Niwas Singh. 3. Sri Niwas Singh, Son of Late Deomuni Singh. All residents of village-Tapa Jalpura, P.S.-Chandi, District-Bhojpur at Ara. ………….Petitioners. Versus The State of Bihar …………..Opp. Party. ----------- 4. 28.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. It is submitted on behalf of the petitioners that earlier the petitioners were granted police bail. Subsequently, the police has prayed for issuance of non-bailable warrant of arrest against them. It is because of such step of the police, petitioners have got apprehension of arrest and that is how an application under Section 438 Cr. P.C. has been made for grant of anticipatory bail in connection with Chandi P.S. Case No. 9 of 2010 pending in the court of learned C.J.M., Bhojpur, Ara. In my view, once, the petitioners appeared before the police or were taken into custody by the police and they have been granted police bail, an application under Section 438 Cr. P.C. would be misconceived. In this regard, I may refer to the order dated 12.4.2004 passed in Cr. Misc. No. 7034 of 2004 in case of Mahendra Prasad Singh Vs. The State of Bihar as reported in 2004 (3) PLJR 491 in which under similar circumstance it has been held that an application under Section 438 Cr.P.C. would not be maintainable. The petitioners must honour the terms of police bail and 2 appear before the court without any delay. In case they appear before the court below within six weeks, then the court below shall consider their prayer for bail in accordance with law, keeping in view the well- established principle that a person who is already on bail, shall not be denied such privilege unless there is any allegation of misuse, etc. With this observation, the application for anticipatory bail is disposed of. Sanjeet (Ashwani Kumar Singh, J.)