IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23736 of 2008 MADAN KUMAR SINGH & ANR Versus STATE OF BIHAR ----------- 2 2.7.2008. Heard counsel for the petitioners and the State. Prayer for anticipatory bail has been filed on behalf of the petitioners who are named as accused in Complaint case no.48© of 2006 in which cognizance taken and bailable warrant of arrest was issued by the Judicial Magistrate Arrah. Thereafter petitioners appeared before the police and police granted them bail considering the fact that bailable warrant of arrest was issued. It has been submitted by the petitioners counsel that the police should have returned the summon to the court concerned and also papers should have been submitted before the court apprising the court that accused persons are on police bail. It was not done as such non bailable warrant of arrest was issued by the court. When the petitioners came to know about issuance of non bailable warrant of arrest they filed their anticipatory bail application before the District & Sessions Judge, Arrah which has been rejected. Considering the aforesaid fact I find that anticipatory bail application filed by the petitioners either before the District & Sessions Judge or before this court is not maintainable. In a reported decision of this Court in 2004 (3) P.L.J.R. 491 it has been decided that in case of police bail if cognizance is taken of non bailable offence anticipatory bail is not maintainable. However, if the accused surrenders before the concerned court and pray for regular bail it - 2 - should be considered and decided considering the fact that the accused was on police bail and never misused it. In such cases bail should be granted to the petitioners. The prayer of the petitioner fore grant of anticipatory bail is not maintainable. So far the reported decision of this court is concerned that has also no application in their case as they have misused the police bail.Considering that undertaking was given to them to appear before the Magistrate as and when required. Petitioners prayer for anticipatory bail is rejected. However, the petitioners so like they appear before the appropriate forum and pray for regular bail. Sss/- (Mridula Mishra, J)