Sarvesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20718 of 2015 Arising Out of PS.Case No. -61 Year- 2005 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Sarvesh Kumar S/O Vinay Singh @ Chhedilal Singh,

2. Suresh Paswan S/O Chandradeo Paswan, .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

It is alleged that the brother of the informant was killed by the FIR named accused persons. The petitioners were not named in the FIR, their names subsequently sprang up during investigation.

It is submitted by learned counsel for the petitioner that the investigation against the petitioners is still pending whereas co-accused Lal Govind Singh has been granted anticipatory bail vide Cr. Misc. No. 12463 of 2013.

Since the case was instituted in the year 2005, this Court

Patna High Court Cr.Misc. No.20718 of 2015 (3) dt.19-05-2015 2/2 is not inclined to interfere.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Nabinagar P.S. Case No. 61 of 2005 pending in the court of learned CJM, Aurangabad. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T