IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10812 of 2010 SHANKAR PRASAD @ SHANKAR SRIVASTVA . Versus STATE OF BIHAR . ----------- 2. 27-04-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for anticipatory bail in connection with Katra P.S. Case No. 8/07 which was initially lodged for bailable offence under Sections 341, 354 and 34 of the IPC but it appears that subsequently police has submitted charge-sheet under Section 376 IPC also. Annexure-5 shows that in this very case, petitioner surrendered before the court below at the initial stage and was granted regular bail in February, 2007 and since then he is on bail. In such a circumstances, in my view, the same principle will apply which has been laid down in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004(3) PLJR 491 which is a judgment rendered by me. The only difference between that case and the present case is that in that case the petitioner was on police bail on account of offence being bailable and in the present case petitioner has surrendered in court and is on bail granted by lower court itself. Hence, it is found that the prayer for anticipatory bail is not maintainable and it is accordingly disposed of. As observed in the case of Mahendra Prasad Singh (Supra) it is made clear that in case the petitioner appears before the court of Additional Sessions Judge-5th at Muzaffarpur within - 2 - six week then the court below shall consider his prayer for bail in accordance with law keeping in view the well established principle that a person who is already on bail shall not be denied such privilege unless there is any allegation of misuse etc. perwez (Shiva Kirti Singh,J.)