IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19745 of 2010 1. UMESH RAI, son of late Sahdev Rai 2. Birendra Kumar Bimal, son of Sri Rajeshwar Rai 3. Ramadhin Rai, son of Sri Ram Lakhan Rai All are resident of village – Shekarpur Bendi, P.S. – Piprahi, District – Sheohar. ------ Petitioners. Versus THE STATE OF BIHAR ----- Opposite Party ------- 03. 02.11.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioner is named accused in connection with Piprahi P.S. Case No. 24 of 2010 for offences under Sections 147, 148, 149, 341, 323, 324, 326, 307, 379, 504 of the Indian Penal Code pending in the court of Sub- Divisional Judicial Magistrate, Sheohar at Sitamarhi. It is submitted that petitioners were granted privilege of bail by police during investigation, hence, this application is not maintainable. The petitioner may seek regular bail from the court below where the facts granting of bail by the police shall be considered in the light of earlier decision of this court wherein it is clearly held that - 2 - unless and until the persons granted privilege earlier has not misuse the privilege, they shall be continued on bail. Rajeev/ (Akhilesh Chandra, J.)