IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18331 of 2011 1. Ram Prasad Rai 2. Sanjay Sao 3. Somnath Rai 4. Sukhari Rai Versus The State Of Bihar ----------- 3 29.06.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in connection with Naubatpur P.S. Case No. 79/2000 registered under Sections 452, 341, 323, 324, 504, 307, 337, 380 and 427/34 of the Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate, Danapur. During investigation, the petitioners were on police bail. The charge sheet was also submitted under the bailable provisions, but, the cognizance has been taken under the non-bailable provisions. In that view of the matter, anticipatory bail is not maintainable. Let the learned court below pass an appropriate order in view of the principles as laid down in the case of Mahendra Singh Vs. State of Bihar 2004(3) P.L.J.R., 491 provided the petitioner has not misused the privilege of police bail as the case was instituted in the year 2000. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)