IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7521 of 2011 1. VISHWANATH SINGH, Son of late Ram Lakhan Singh. 2. Lalo Kumar, Son of Vishwanath Singh. Both are resident of Village-Sarawok, P.S.-Kasma, District-Aurangabad(Bihar). ……..Petitioners Versus THE STATE OF BIHAR ....Opp. Party. ----------- 2/ 23.03.2011 Heard learned counsel for the petitioners. Nobody appears on behalf of the State of Bihar. The present petition has been filed for modification of order dated 26.11.2010, passed in Cr. Misc. No.42072 of 2010, whereby the prayer made on behalf of the petitioners for grant of anticipatory bail in connection with Kasma P.S. Case No. 33 of 2006, pending in the court of learned Chief Judicial Magistrate, Aurangabad was held to be not maintainable and was rejected with certain observations. It is the case of the petitioners that during the pendency of the investigation, they were granted bail by the police. Therefore, in view of law laid down by a Division Bench of this Court in the case of Bishundeo 2 Sahu Vs. The State of Bihar, reported in 2011 (1) PLJR 731, the prayer for anticipatory bail filed on behalf of the petitioners is not at all maintainable. Hence, there is no question of modification of order dated 26.11.2010, passed by this Court in Cr. Misc. No. 42072 of 2010. Accordingly, the present petition for modification stands rejected. Anjani/ ( Birendra Prasad Verma, J.)