IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12098 of 2009 UPENDRA KUMAR, SON OF BIKAU PRASAD, RESIDENT OF VILLAGE BHABUA, WARD NO.02, POLICE STATION BHABUA, DISTRICT KAIMUR Versus STATE OF BIHAR ----------- 3. 07.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 394 of the Indian Penal Code. Later on, Sections 395, 397, 412 read with Section 120B of the I.P.C. were also added. Petitioner is not named in the first information report. It is stated that later on, petitioner along with one Hari Shankar Kumar Gupta was apprehended and from their possession, a sum of Rs.80,000/- each was recovered. It is submitted that neither the petitioner was put on test identification parade nor money was put on T.I. Parade. It is stated that the petitioner was keeping money for the purpose of his sister’s marriage. A supplementary affidavit has been filed to show that after the petitioner was apprehended in this case, he was remanded in two more cases in which, it is stated that, he is on bail. A copy of the order passed by a Bench of this Court in Cr. - 2 - Misc. No.49972 of 2008 has been produced to show that said Hari Shankar Kumar Gupta has been allowed bail by a Bench of this Court. Considering the fact that in identical circumstances, co-accused Hari Shankar Kumar Gupta has been allowed bail, the application is allowed. Petitioner (Upendra Kumar) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. case No.117/08. B.T (J.N. Singh, J.)