Upendra Yadav @ Upendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46064 of 2014 Arising Out of PS.Case No. -175 Year- 2013 Thana -KISHUNPUR District- SUPAUL ====================================================== Upendra Yadav @ Upendra Prasad Yadav, son of Jhabbar Yadav, resident of village Pupari Khurd, P.S. Bhaptiyahi, district Supaul .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48452 of 2014 Arising Out of PS.Case No. -175 Year- 2013 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Ram Chandra Singh @ Ram Chandra Prasad Singh , son of Singheshwar Prasad Singh

2. Laxman Singh, son of Wakil Singh, both resident of village Murli Ward No. 1, P.S. kisanpur, District Supaul .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.46064 of 2014) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Pronati Singh (App) (In Cr.Misc. No.48452 of 2014) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-04-2015 Heard Sri Pramod Mishra, learned counsel for the petitioners, Mr. M. Haque as well as Smt. Pronati Singh, learned Additional Public Prosecutors.

In both the petitions, petitioners are apprehending their arrest in connection with Kishanpur P.S. Case No. 175 of 2013 registered for the offence under Section 302/ 34 of the Indian

Patna High Court Cr.Misc. No.46064 of 2014 (2) dt.10-04-2015 2/2 Penal Code.

It is not in dispute that all the three petitioners of aforesaid two petitions are named as accused in the F.I.R. and after investigation charge sheet in respect of one of the accused who was arrested has already been submitted and investigation is kept pending against the petitioners.

In view of the fact that petitioners are named in the F.I.R. as well as the fact that after investigation charge sheet in respect of one of the accused person has already been submitted and investigation in respect of petitioners is still on, I do not find any ground to extend the privilege of anticipatory bail. The petition stands dismissed.

If petitioners appear before the court below and after surrendering make a prayer for grant of regular bail within a period of eight weeks from today, the court expects that the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law.

(Rakesh Kumar, J) Praful/- U T