IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33653 of 2009 SUDHIR KUMAR GUPTA @ TINKU son of Sri Kishun Sao, resident of village Maakhanpur Idgah Road, P.S. Alamganj, District Patna… .. Petitioner Versus THE STATE OF BIHAR… .. OPPOSITE PARTY For the Petitioner: Mr. Ajay Kumar Thakur, Advocate For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 09.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case under section 392 of the Indian Penal Code. It is submitted on behalf of the petitioner that from the first information report, it is manifest that only three persons were involved in looting/snatching, out of whom one snatched the money and two were riding on the motor cycle. It is stated that FIR has been lodged against three unkown persons. It is further submitted that one of the co-accused Mukesh Kumar in his confessional statement before the police had taken the names of Subodh and Sanjay. It appears that those Subodh and Sanjay had taken the name of this petitioner, but the petitioner has not been put on test identification parade. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner is stated to be in jail custody 2 since 25.07.2009. Having regard to the facts and circumstances of the case, the petitioner, Sudhir Kumar Gupta alias Tinku, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Jehanabad P.S. Case No. 217/09 on further condition that one of the bailors must be the close relative or family member of the petitioner. SC ( Dr. Ravi Ranjan, J.)