IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27807 of 2009 1. SRI PRAKASH UPADHYAY S/o Late Raghubansh Upadhyay & 2. Vivek Upadhyay S/o Lalan Upadhyay Both R/o village- Kohari, P.S. Bhabhua, District- Kaimur at Bhabhua. Versus STATE OF BIHAR ----------- 2/ 05.08.2009 Heard learned counsel for the petitioner and the State. The petitioners seek bail in a case instituted for the offence under sections 399,402 of the Indian Penal Code. Taking into consideration the submission that even though it has been noted in the case diary that the petitioner has been implicated in eight cases of Rajpur P.S., Buxar but he is not accused in those cases, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Mohania P.S. case no.89 of 2009. However, the court below is directed to first call for a report from the said police station and shall pass order of release only upon satisfying itself that the petitioner is not implicated in any of the cases mentioned in paragraph 44 of the case diary. JA/- (Anjana Prakash, J.)