IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17953 of 2010 1. SANDEEP PASWAN, SON OF JAGARNATH PASWAN 2. GIRJA YADAV, SON OF LATE RAGHUNANDAN YADAV VS Versus STATE OF BIHAR with Cr.Misc. No.12732 of 2010 SUNIL YADAV, SON OF SIYASHARAN YADAV Versus STATE OF BIHAR ----------- 2. 21.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 325, 337, 307 and 379 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added. The petitioners are not named in the First Information Report and subsequently, their names transpired during investigation as one of the miscreants who committed dacoity and murder in course of which one Satish Kumar died. Surprisingly, the Police in its wisdom has instituted a case under Section 307 and 379 of the Indian Penal Code and added Section 302 of the Indian Penal Code after the death of the said Satish Kumar, even though a clear-cut case under Section 396 of the Indian Penal Code is made out against the accused persons. In view of such, I am not inclined to grant bail to the petitioners. 2 The prayer for bail is rejected. The court concerned at appropriate stage, will consider as to whether 396 I.P.C. is made out in the facts of the case. S.Ali ( Anjana Prakash, J.)