IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24570 of 2009 VIJAY SINGH Versus STATE OF BIHAR ----------- 2/ 15-10-2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was initially granted bail when the allegation was under lesser sections. Now when cognizance has been taken under a more serious section 307 of the Penal Code he seeks anticipatory bail. The application for anticipatory bail is misconceived. It is axiomatic that for lesser allegations he was granted regular bail and seeks anticipatory bail when the allegations have become more serious. One who is in constructive custody of the law, being on bail, cannot have an apprehension of arrest in the same case. The application is rejected. Any application for regular bail on his behalf shall be decided on the settled principles with regard to his conduct in the interval without being prejudiced by the present order. ( Navin Sinha, J ) BTiwary/