IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27906 of 2008 UDAY KUMAR Versus STATE OF BIHAR ----------- 3. 5.1.2009 Heard Mr. Shambhu Nath, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under section 394 of the Indian Penal Code and the petitioner is not named in the F.I.R. After about six months of the occurrence one witness appeared in paragraph-57 of the case diary and alleged direct participation of the petitioner in the commission of the offence. The contention is that there is no reason for the witness to hide himself from the police and that inspite of repeated requests by the investigating officer the informant or other material witnesses did not attend the T.I. parade. There is no recovery from the petitioner’s possession who is in custody since 18.5.2007. Let petitioner, namely, Uday Kumar, under the above circumstances, be released on bail on furnishing bail bond of Rs.3,000/-(Three thousand) with two sureties of the like amount each to the satisfaction of Sri Sahab Kaishar, J.M., Ist Class, Patna, in connection with Kotwali P.S. case no.43 of 2007. sudip ( Dharnidhar Jha,J )