IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11329 of 2009 UPENDRA SHARMA @ UPENDRA KUMAR Versus STATE OF BIHAR ----------- 6/ 12-11-2009 Heard learned counsel for the petitioner and the learned Addl. P.P. for the State. Earlier prayer for bail made by the petitioner before the High Court stood withdrawn with a liberty to move the court below. The court below has rejected the prayer of the petitioner vide order dated 09.03.2009. The case was instituted as Goh P.S. case No. 26 of 2008 under section 396 of the Penal Code. Allegation is that some unknown persons came to the Bank and at the point of gun looted money; they escaped after committing robbery and while escaping fired which led to killing of one Gaya Prasad. Submission of the counsel is that despite his arrest affected on 15.03.2008, he has not been put on T.I.Parade nor during the course of investigation it emerged that the motorcycle was recovered on the basis of confessional statement of the petitioner nor other material has been brought on record to link the petitioner with the said crime. The petitioner is willing to cooperate in the trial and abide by any conditions which may be placed upon him. Looking at the period the petitioner spent in - 2 - custody and the material, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each to the satisfaction of Add. Sessions Judge, F.T.C. No.IV, Aurangabad (Bihar) in Sessions Trial No. 244 of 2008/ 109 of 2008. One of the sureties will be executed by a close blood relation and other by an elected representative of the area or a Government servant. Petitioner will be further obliged to appear on each and every date fixed by the trial court as and when required. If he breaches the same, he may loss his privilege of bail granted to him. ( Ajay Kumar Tripathi, J ) BTiwary/