IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11319 of 2010 1. NAGENDRA CHAUDHARY SON OF NATHUNI CHAUDHARY 2. NATHUNI CHAUDHARY SON OF MAHADEO CHAUDHARY 3. SUBAS CHAUDHARY SON OF NATHUNI CHAUDHARY ALL ARE RESIDENT OF VILLAGE- KATAIKRI, P.S. RAM NAGAR, DISTRICT- WEST CHAMPARAN. 4. AZAD CHAUDHARY @ AZAD, SON OF LATE BINDESHWARI CHAUDHARY, RESIDENT OF VILLAGE- KHAJURIYA,P.S. RAM NAGAR, DISTRICT- WEST CHAMPARA… PETITIONERS Versus 1. STATE OF BIHAR………………………….OPP. PARTY ----------- 2 30-4-2010 Heard learned counsel for the petitioners and learned counsel for the State. Although the four petitioners have prayed for anticipatory bail in a case in which charge-sheet has been submitted for the offence under section 376 and other sections of the I.P.C., from the submission it appears that petitioners had surrendered in the court below and are on bail and at that time section 376 of the I.P.C. was not mentioned in the F.I.R. Once petitioners have surrendered and are on bail, this application for anticipatory bail is not maintainable. It goes without saying that if petitioners surrender and seek regular bail before the court below, the court below shall keep in mind the general principle that the accused persons who are on bail should not be denied such privilege. With the aforesaid observation this application is disposed of. Naresh ( Shiva Kirti Singh, J.)