IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5825 of 2009 1. KAILASH SAFI S/O LATE Person Safi 2.Shanti Devi w/o Bhikhari Paswan 3.Chandeshwar Safi s/o Bilash Safi 4. Mamta Devi w/o Chandeshwar Safi 5.Rajesh Paswan s/o Bhikhari Paswan 6. Urmila Devi w/o Rajesh Paswan. All resident of village- Methaura, p.S. Dumra,District- Sitamarhi. Versus STATE OF BIHAR ----------- 2 15.5.09 Petitioners are accused in Dumra P.S.Case no. 179 of 2008 instituted under Sections 312,323,326,504,448 and 354 IPC.All sections are bailable.The petitioners had appeared before the court below and on furnishing bail bond they were released on bail. Subsequently the chargesheet was submitted which included chargesheet in some non bailable offence. Petitioners re-appeared before the Court and were granted bail. Informant then filed an application for cancellation of bail on cognizance being taken.Learned C.J.M. also issued show cause. Petitioners on the day when the date was fixed , one of the accused persons appeared, his bail was cancelled and he was taken into custody on the ground that he had not got bail in non bailable section in this case. This Court wonders at the legal acumen of the C.J.M. He should by now realize that bail is granted in respect of a case and not in respect of a section constituting an offence. In the facts aforesaid, I hold that the order of C.J.M.,Sitammarhi is wholly wrong and misconceived in law and cannot be inconsonance with the case and that bail will continue. 2 Petitioners have no apprehension of arrest as such. With the aforesaid observations and directions this application stands disposed of. Let a copy of this order be communicated to the learned C.J.M.,Sitamarhi through FAX at the cost of the petitioner. SINGH (Navaniti Prasad Singh, J.)