Nirmal Kumar Upadhyay v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49483 of 2018 Arising Out of PS.Case No. -201 Year- 2015 Thana -KOILWAR District- BHOJPUR ======================================================

1. Nirmal Kumar Upadhyay, Son of Late Murlidhar Upadhyay, Resident of Village - Pachrukhia Kala, Police Station - Koilwar, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Satendra Pandey, S/o Sri Rameshwar Adhar Pandey, R/o Pachrukhiya Kala, Police Station - Koilwar, District - Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2018 Heard learned counsel for the parties.

By order dated 24.04.2018, passed in Cr. Misc. No. 22701 of 2018, opposite party no. 2 Satyendra Pandey was allowed bail by this Court with direction to be released on completion of the investigation.

The court below has accepted the bail bond in pursuance of that order after completion of investigation against Satyendra Pandey.

The order of the court below has been challenged on the ground that this Court had simply directed release on completion of the investigation and investigation against some

Patna High Court Cr.Misc. No.49483 of 2018 (2) dt.26-09-2018 2/2 other co-accused is still going on. Therefore, the court below has committed wrong in accepting the bail bond.

The spirit of the order of this Court was that opposite party no. 2 would be released on completion of investigation against him. Therefore, there is no merit in this application. Accordingly, it stands dismissed.

(Birendra Kumar, J) Kundan/- U T