IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3767 of 2009 RAJESH YADAV @ OMI YADAV Versus STATE OF BIHAR With Cr.Misc. No.3949 of 2009 ARBIND YADAV & ORS Versus STATE OF BIHAR ----------- 02. 08.05.2009 Both the applications arise out of Jhajha P S Case No. 13 of 2007. Initially FIR was registered under various sections of the Penal Code including sections 307 and 504. Charge sheet was submitted only under bailable sections and the petitioners were therefore enlarged on bail by the police. Subsequently it seems that cognizance came to be taken under section 307 IPC and in that view of the matter petitioners moved before the court below for anticipatory bail which has been rightly rejected by the court below as not maintainable. The petitioners thereafter moved the High Court. Looking at the law laid down by the Hon`ble Supreme Court both the applications stand disposed of. Petitioners may surrender before the court below within four weeks from today and file application for regular bail. The court below will consider the fact that cognizance has come to be taken under section 307 IPC only later and petitioners are willing to co-operate in the trial. - 2 - Let this order be communicated to the court below i.e. the court of Sri T Dubey, Judicial Magistrate, Ist Class, Jamui by fax at the cost of the petitioners. rkp (Ajay Kumar Tripathi, J)