Vikash Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23447 of 2014 Arising Out of PS.Case No. -480 Year- 2013 Thana -GANDHIMAIDAN District- PATNA ====================================================== Bhupendra Singh Chopra @ Banti @ Bonti, Son of Jagir Singh Chopra, Resident of Munudih, Near New Kali Mandir, P.S.- Dudamdih, District - Jehanabad (Jharkhand) by Cast Punjabi (Sardar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.44232 of 2014 Arising Out of PS.Case No. -480 Year- 2013 Thana -GANDHIMAIDAN District- PATNA ====================================================== Jagdish Prasad Sharma, Son of Late Ganpat Mistry, resident of MohallaDanapur Gavtal, P.S.- Danapur, District- Patna, Posted as Anusevi at Zila Yozna Office, Patna Collectorate, P.S.- Gandhi Maidan, Town and DistrictPatna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.1073 of 2015 Arising Out of PS.Case No. -480 Year- 2013 Thana -GANDHIMAIDAN District- PATNA ====================================================== Vikash Kumar Yadav, Son of Late Sureshwar Prasad Yadav, Resident of Near T.B. Centre, Dumri Khal, P.O. - BMP-7, Police Station - Katihar, District - Katihar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.23447 of 2014) For the Petitioner/s : Mr. Kumar Gangesh Gunjan For the Opposite Party/s : Mr. Ganesh Pd.Singh (App) (In Cr.Misc. No.44232 of 2014) For the Petitioner/s : Mr. Dipak Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh (App) (In Cr.Misc. No.1073 of 2015) For the Petitioner/s : Mr. Rajesh Kumar
Patna High Court Cr.Misc. No.23447 of 2014 (4) dt.21-01-2015 2/3 For the Opposite Party/s : Mrs. Meena Singh (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 21-01-2015 These three applications are filed under Sections 439 and 440 of the Code of Criminal Procedure with a prayer to grant regular bail in connection with Gandhi Maidan P.S. Case No.480 of 2013 registered for the offences punishable under Sections 379, 420, 467, 468, 471 and 120B of the Indian Penal Code pending before the court of learned Judicial Magistrate 1st Class, Patna.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
It is, no doubt, true that the charge-sheets are filed against the petitioners and that many a times would be a factor for grant of bail. However, investigation as regards others is said to be in progress. The apprehension of the prosecution is that in case, the petitioners are released on bail, the investigation may be hampered or the petitioners may influence the course of the investigation. At the same time, the prosecution cannot remain indifferent and insist that the petitioners must be confined indefinitely.
Therefore, the bail applications are dismissed for the present with a direction that the investigation shall be completed
Patna High Court Cr.Misc. No.23447 of 2014 (4) dt.21-01-2015 3/3 within one month from today. Soon thereafter, it shall be open to the petitioners to file the application for bail. (L. Narasimha Reddy, CJ) Sunil/- U T