IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15873 of 2008 OM PRAKASH GUPTA With Cr. Misc. No. 16364 of 2008 Nand Kishore Noniya With Cr. Misc. No. 17075 of 2008 Upendra Yadav Versus The State of Bihar ----------- 02/ 13-05-2008 Heard learned counsel for the parties. The petitioners are accused in a case under Sections 395 and 397 of the Indian Penal Code. It has been submitted that the petitioners are neither named in the F.I.R. nor any recovery has been made from their possession. They have also not been put on Test Identification Parade. It has further been submitted that one Ramjeet Choudhary confessed before the Police and named the petitioners and others as his associates. Learned counsel submitted that save and except alleged confessional statement of Ramjeet Choudhary there is nothing more against the petitioners. He further submitted that petitioner Upendra Yadav is in custody since 15.10.2007 whereas other petitioners are in jail since 26.10.2007. Learned counsel pointed out that similarly situated accused Binod Kumar Soni and two others have been allowed bail by this Court in Cr. Misc. No. 4665 of 2008, Cr. Misc. No. 13144 of 2008 and Cr. Misc. No. 9325 of 2008 respectively. In the facts and circumstances of the case, the abovenamed three petitioners, namely, Om Prakash Gupta, Nand Kishore Noniya and Upendra Yadav are directed to be released on bail 2 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Sidhwaliya P.S. Case No. 40 of 2007. S.Sb/- (Madhavendra Saran, J.)