IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12781 of 2009 UMESH PRASAD @ UMESH PRASAD SHARMA son of Late Rameshwar Mistri resident of Mohalla Machcharhatta, P.S. Khajekalan, District Patna. Versus STATE OF BIHAR ----------- 2 21/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has prayed for grant of anticipatory bail in a case under sections 395 and 397 of the Indian Penal Code on the ground that some similarly situated co-accused have been allowed anticipatory bail by the learned Additional Sessions Judge I, Patna vide order contained in annexure-3 and that the petitioner renewed his prayer on that ground but the learned court below rejected his prayer on the ground that it was earlier rejected although it was not disputed that his case stands on similar footing as the case of other co-accused who have been allowed anticipatory bail. It has further been submitted that against the petitioner also there is no other legal evidence except the alleged confession of co- accused Suraj Kumar Pandit and Rakesh. In view of this submission, the prayer of the petitioner for anticipatory bail is allowed. In the event of arrest or surrender of petitioner Umesh Prasad alias Umesh Prasad Sharma within six weeks, he shall be enlarged 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 Additional Chief Judicial Magistrate, Patna City in Khajekalan P.S. Case no. 31/2001 subject to the conditions - 2 - laid down under section 438(2) Cr.P.C. However, if there is any other legal evidence available against the petitioner, in that event the court below will make a reference to this Court before admitting the petitioner to bail. (Shiva Kirti Singh, ACJ.) AMIN