IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47266 of 2008 UPENDRA GOPE @ KUMAR UPENDRA SINHA Versus STATE OF BIHAR ----------- 3. 5.12.2008 Heard Mr. Bijay Kumar Pandey, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The merit of the prayer was earlier considered by a Bench of this Court while dismissing the prayer for bail of the petitioner in Miscellaneous Petition no. 28720 of 2007. The prelude of the above order was that the petitioner was granted bail by the Sessions Judge in Bail Petition No.1912 of 2005 and this Court had to cancel the bail order of the petitioner while hearing the prayer for bail of another accused. The petitioner preferred Special Leave Petition to Appeal before the Supreme Court, that was also dismissed canceling the bail of the petitioner. As regards merit of the petition and the allegations, as appears from this petition on his involvement in the kidnapping three persons, out of whom one was shot dead because he was not moving as fast as the kidnappers wanted him to, as appears discussed in the earlier order. The contention is that other accused persons similarly situated has been admitted to bail by the Sessions Judge himself or by another Bench of this Court. Considering the material, I do not find any reason to release the petitioner on bail. The petition is dismissed. It is the State, which could be so advised to examine the bail - 2 - orders passed in favour of other accused so as to taking steps to cancel their bonds. sudip ( Dharnidhar Jha,J )