IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17871 of 2009 1. ASHOK KUWAR 2. SHRI BHAGWAN KUWAR 3. SHRI RAM KUWAR 4. BISHWABANDHU KUWAR ALL SONS OF S/O- LATE PARAS KUWAR 5. AVINASH KUMAR, S/O- ASHOK KUWAR ALL R/O- VILLAGE KUDHIHON, P.S. MAHUA DIST.- VAISHALI AT HAJIPUR VERSUS STATE OF BIHAR ----------- 2. 20.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner was on police bail. However, police after investigation, submitted charge sheet for bailable sections. Learned Magistrate differing with it, took cognizance for the offence under Section 307 of the Indian Penal Code as well. In the above circumstances, it is directed that in the event of arrest or surrender in the court below, if the petitioner makes an application for bail, the same would be considered on its own merit, considering the fact that the petitioner was granted police bail and in absence of any material suggesting misuse of the bail, the petitioner shall be enlarged on bail on the condition imposed by the Magistrate. Accordingly, the application is disposed of. Let a copy of the order be communicated to the court of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 37 of 2007 through fax on the cost being deposited by the petitioner. (Shailesh Kumar Sinha,J) Jagdish/-