Order The petitioner is an accused in a case registered under Sections 341/323/ 338/380/34/504 I.P.C. 2. According to the written report, a theft was committed between the intervening night 23-24 May, 2008 in the house of informant and the miscreants took away Stabliser, D.V.D., etc. The informant had identified some of the accused including the petitioner who are named in the written report. 3. It is submitted that during investigation, the I.O. did not find the occurrence true under Section 380 I.P.C., as a result he was granted bail by the police. . The I.O. has submitted charge-sheet under Sections 341/323/338/504/34 I.P.C. against the petitioner and other accused persons but the learned Chief Judicial Magistrate took cognizance under Section 380 I.P.C. on 15.4.2009. After submission of charge-sheet, the accused persons were directed to appear before the transferee court and for that notices against them have been issued. 4. It is further submitted that since the cognizance has been taken under Section 380 I.P.C. also, the petitioner apprehends his remand in this case and therefore, he has applied for grant on anticipatory bail. 5. I have gone through the documents placed before me. Since the petitioner had appeared before the police and he was on police bail and even after submission of charge-sheet only notice has been issued for securing his appearance, I do not feel that present anticipatory bail application is maintainable. If the petitioner was previously on bail, only because cognizance has been taken for the offences which are non-bailable, bail should not be refused, if he appears before the court after receiving notice or summon. At this juncture, I also intend to mention another aspect in which the accused persons are released on bail under .Section 436 Cr.P.C. in a case registered for bailable offence and subsequently if chargesheet is submitted against them for non-bailable offences and on being summoned, if they appear before the court, bail should not be refused or cancelled only because cognizance has been taken under non-bailable sections. 6. In 'view of the observations made above, the petitioner is directed to surrender within two weeks from today before the court below for seeking regular bail and if he does so, he shall be released on bail on furnishing bail bond of Rs. 6. In 'view of the observations made above, the petitioner is directed to surrender within two weeks from today before the court below for seeking regular bail and if he does so, he shall be released on bail on furnishing bail bond of Rs. 1 0,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Srivastava, Judicial Magistrate, 1st Class, Bermo at Tenughat in connection with Bermo P.S. Case No. 47 of 2008 (G.R. Case No. 361 of 2008), if he has not misused the privilege of bail granted to him till date.