IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11038 of 2008 KALIKA SINGH & ORS Versus THE STATE OF BIHAR ----------- 4. 24/6/2008 Heard the counsels for the petitioners, the State and the counsel appearing for the informant. Petitioners Kalika Singh, Ganesh Dew Rai @ Ganesh Prasad, Sudhir Kumar Rai @ Sudhir Rai and Pappu Sharma are apprehending their arrest in connection with Ara Muffasil P.S. Case No. 68 of 2006 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code. It has been submitted that the petitioners were granted bail by the police. It has also been submitted that during investigation, the independent witnesses have not supported the prosecution case. Subsequently, charge sheet has been submitted under Sections 304A, 301 and 34 of the I.P.C. On protest cognizance has been taken under Section 302 I.P.C. Considering the facts that once the petitioners were on police bail and after submission of charge sheet, cognizance has been taken against them, their prayer for anticipatory bail is not maintainable in view of decision reported in 2004 (3), P.L.J.R. 491 (Mahendra Prasad Singh Vs. State of Bihar). However, the petitioners may surrender before the concerned court. In case they surrender and pray for bail, it should be disposed of as per the reported decision and on merit of the case. - 2 - Accordingly, the prayer for anticipatory bail is rejected. S.Ali (Mridula Mishra, J.)