IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39400 of 2009 1. JAGARNATH SINGH 2, DHARMENDRA SINGH Versus STATE OF BIHAR . ----------- 2. 17.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. On the own showing of the petitioners, in a dispute between neighbours when the allegations were under bailable Sections, they appeared and have been granted regular bail. The injured has been deceased subsequently when Section 302 of the Penal Code has been added. A person already in constructive custody of the law by grant of bail cannot have an apprehension of arrest in the same case. If he appeared and took regular bail for a lesser offence, it defies the law that he is entitled to the privilege of anticipatory bail, when the offence becomes more serious. The application for anticipatory bail is misconceived and is rejected. Nonetheless, any application for regular bail on their behalf after addition of Section 302 of the Penal Code has to be decided in accordance with law, on issues such as their conduct and behaviour during the period they have remained on bail and there can be no mechanical rejection of their prayer for bail simply because of the injured having been deceased subsequently leading to addition of Section 302 I.P.C. AKS/ (Navin Sinha, J.)