IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22998 of 2009 1. BHAGMATIYA DEVI 2. Jitwahan Yadav Versus STATE OF BIHAR ----------- 2 30.06.2009 Heard learned Counsels for the petitioners and the State. The petitioners apprehend arrest in a police case originally lodged under bailable sections of the Penal Code in which cognizance has now been taken under section 307 I.P.C. also. The petitioners were enlarged on regular bail when offences were under bailable sections. The question of grant of anticipatory bail to persons in the same police case in which they are already in constructive custody of lawdoes not arise as has already been held in 2005(3) PCCR 163 (Sardari Mistri & ors. Vs. State of Bihar). The application for anticipatory bail is misconceived and is therefore rejected. Any application for regular bail on behalf of the petitioners shall be considered in light of the guidelines in the aforesaid judgment. (Navin Sinha,J.) A.Kumar