IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20414 of 2009 RAKESH CHOUDHARY @ HIPPI Versus STATE OF BIHAR ----------- 2. 27. 08. 2009. Heard learned counsel for the petitioner and learned counsel for the State. It is a case under Sections 395 and 412 of the Indian Penal Code as also under Section 25(1-b) A, 26 and 35 of the Arms Act. As per the prosecution case, the petitioner and others were travelling in a Tata Sumo, who intercepted a truck and looted some cash. Driver and his brother were sitting on the truck. It is stated that on chase the petitioner was apprehended and some unlicensed arms and some cash was recovered from his pocket. Learned counsel for the petitioner submits that in fact, the petitioner and others invited the displeasure of the Police Party when the petitioner and others travelling in a Tata Sumo compelled the Police jeep to give them pass due to which they were implicated by the Police in this false case. A supplementary affidavit has been filed on behalf of the petitioner in which it is stated that the petitioner on the next day of his arrest in the present case was remanded in Pariya P.S. Case No. 8 of 2009 and all the remanded accused persons including this petitioner were put on Test Identification Parade, but they were not identified by any 2 witness. It is said that the alleged looted cash and articles were not recovered either from the Police Jeep or Tata Sumo or from the possession of the petitioner. It is submitted that apart from the said case, there is no criminal antecedent. He is said to be in custody since 10. 01. 2009. It is also said that other co-accused who were also arrested from the Tata Sumo have also been allowed bail. Considering the above facts and circumstances, the petitioner, namely, Rakesh Choudhary @ Hippi is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Barachatty P.S. Case No. 14/09. SKBOSE ( J. N. Singh)