IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23819 of 2009 1. INDRA DEO SAH 2. BISHUN SAH @ KISHUN SAH Versus STATE OF BIHAR ----------- 2 18.09.2009 Heard counsel for the parties. It appears that initially a case was registered under diverse sections of Indian Penal Code including Sections 384, 376, 511 and 323 IPC and Section 27 of Arms Act on the strength of complaint. The matter was investigated. It is the contention of the petitioners that considering the allegation, they were privileged with police bail. They continued on police bail. Subsequently, charge-sheet was submitted in this case under bailable Sections of Penal code. The court, however, considering the material on record differed with the opinion of the investigating agency and ultimately under order dated 3.12.2008, cognizance has been taken under various sections which include offence under Section 384 IPC. Impugned order reflects that petitioner had earlier moved the Sessions Judge for anticipatory bail. The same was disposed of with certain observations. The petitioners once again moved the learned Sessions Judge for anticipatory bail. By the impugned order, the same has been disposed of granting liberty to the petitioner to approach the court below for bail. Learned counsel submits that the law in this regard is well settled. Once an accused has been granted police bail, then 2 he should normally and generally be continued on bail even if subsequently the court takes cognizance under different sections which is non-bailable. In this regard he refers to the judgment rendered by this court reported in 2004 (3) P.L.J.R. 491 (Mahjendra Singh Versus State) as also reported in 2007 (1) P.L.J.R. 401 (Awadh Narain Rai Versus State).. Let the petitioner surrender in the court below and apply for regular bail as observed by the learned Sessions Judge. It shall be open to the petitioner to urge all the points before the court below which shall be considered on their own merit uninfluenced by the present order. With this observation, this application stands disposed of. pkj ( Kishore K. Mandal, J. )