IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12660 of 2008 UPENDRA KUMAR Versus STATE OF BIHAR ----------- 7 18/09/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused of a case which has been registered under sections 364/120 B of the Indian Penal Code against unknown 4-5 criminals. Informant’s son was kidnapped. The petitioner has been roped in during investigation on the basis of statement of the witnesses. The victim was recovered and has given name of the kidnappers on the basis of conversation amongst them and the persons from whom they used to talk through mobile they have been named as U.P., Shekhar, Dilip, Vineet, Kanahai, Tarun etc. Submission is that the petitioner is not the U.P. He is Upender Kumar and he has been brought in this case as accused on the basis of surmises that he is U.P. whose name has been disclosed by the victim. The petitioner has not been put on test identification parade so he is not the person who was named by the victim. Further submission is that the victim has named Shekhar also but there was no mention of his parentage or other details so considering this fact he has been admitted to bail by this court vide order dated 20.7.2007 passed in Cr. Misc. No. 22151 of 2006. A report has been called for and according to the report, case is still fixed for charge. The petitioner is in custody since - 2 - 28.3.2006. Considering the facts and circumstances of the case, the petitioner Upendra Kumar is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, XI, Patna in Sessions Trial No. 493 of 2007 arising out of Kotwali P.S. Case No. 10 of 2006. avin (Shyam Kishore Sharma, J.)