Patna High Court Cr.Misc. No.29158 of 2011 (2) dt.20-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29158 of 2011 ====================================================== 1. Hussain Mian, 2. Jokhu Mian, bth sons of Late Ali Mian, 3. Anwar Mian, S/O Hussain Mian, 4. Meraj Mian @ Md. Meraj Mian, S/O Ishu Mian, 5. Zikrul Mian @ Zikrullah Mian, S/O Jokhu Mian, 6. Mazid Mian @ Md. Mazid Mian, S/O Jokhu Mian, all are R/O Vill- Gorhawa, P.S.- Muffassil, Distt- East Champaran at Motihari. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 20-09-2011 Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under sections 147, 149, 341, 323 and 504/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that initially the case was registered under bailable offences. The petitioners surrendered and they were released on bail by the learned Chief Judicial Magistrate. Subsequently, the police submitted charge sheet in which offence under Section 307 of the Indian Penal Code was also alleged. The learned Magistrate took cognizance of the offence, cancelled the bail bonds furnished earlier and issued warrant of arrest. It is submitted that thus the petitioners have reasonable apprehension of arrest and an application under Section 438 of the Cr.P.C. has been filed. Patna High Court Cr.Misc. No.29158 of 2011 (2) dt.20-09-2011 In my view, the present application under Section 438 of the Cr.P.C. is not maintainable. The law is well settled on this point. Since the petitioners were already on bail they may surrender before the learned Magistrate and persuade him referring to the law laid down in this regard by various Judicial pronouncements. The present application for grant of anticipatory bail is disposed of holding the same to be not maintainable. It is needless to say that in case the petitioners surrender before the Court below and pray for bail, the learned Magistrate will consider the applicaton in accordance with law without being prejudiced in any manner by this order. Bhardwaj/- (Ashwani Kumar Singh, J)