IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.202 of 2008 THE STATE OF BIHAR &ORS Versus GUPTESHWAR PRASAD & ORS ----------- For the appellant : Mr.Amar Nath Deo, Standing Counsel- X Mr. Vijay Bharti, Junior counsel to Standing Counsel-X For the respondent no.1 : Mr.Narendra Prasad,Senior Advocate Mr. Bipin Bihari Singh, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 22nd July, 2008. After having heard the State counsel and the senior counsel for respondent no.1, although we do not find ourselves in full agreement with the view of the Single Judge, but looking to the nature of order, we do not intend to interfere with the order of the Single Judge. However, we clarify that it will be open to the appellants to issue fresh order of transfer of the respondent no.1 as well as the respondent no.3, if they so desire, in administrative exigencies. 2. Appeal is, accordingly, disposed of. R.M.Lodha, CJ Kishore K. Mandal, J. sunil