IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38605 of 2009 UDAI PASWAN, son of Hussaini Paswan, resident of Village Manpur Gandhi Nagar, P.S. Mufasil, Distt. Gaya ----Petitioner Versus STATE OF BIHAR ----------- 3. 23.12.2009 A supplementary affidavit has been filed on behalf of the petitioner. Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner is under section 379 of the Indian Penal Code. It is submitted that the petitioner is in custody since 1.7.2009 without any material against him. F.I.R. is against unknown. It is further submitted that the petitioner has been arrested on mere suspicion and it is alleged that on being arrested at his disclosure the alleged similar ornaments were recovered from the possession of the co-accused Arjun Singh, who has been allowed bail by this Court as per the order dated 24.11.2009 passed in Cr. Misc. No.32758 of 2009. Certified copy of the said order has been produced, which is being kept on the record. Besides the above, it is submitted that neither the petitioner was put on Test Identification Parade nor any material was placed for its identification. Learned APP on perusal of the case diary submits that the articles were recovered from the possession of co-accused Arjun Singh. However, he has been allowed bail. Considering the facts and circumstances of the case, 2 the sole petitioner Udai Paswan is ordered 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 Railway Judicial Magistrate, Gaya, in connection with Gaya Rail P.S. Case No.82 of 2009. PNM (Shailesh Kumar Sinha, J.)