IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5252 of 2009 UMESH PRASAD @ UMESH PRASAD SINGH. Versus THE STATE OF BIHAR ----------- 02 18.04.2009 Heard learned counsel for the petitioner and the State. Petitioner is in custody in a police case registered for the offence under Sections 394 and 402 of the Penal Code. Learned counsel submits that as per allegation the petitioner along with others was sitting and consuming food and liquor. The police raided when they all fled away and one co-accused Munil Kumar Singh was apprehended, who has named the petitioner as his accomplice. Learned counsel submits that on the face of the allegations Section 394 of I.P.C. has no application. There is no material in the F.I.R. for the applicability of Section 402 of the Penal Code except the alleged confession of the co-accused. Considering the submission, only for the purpose of bail, let the petitioner named above 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 Addl. Sessions Judge, F.T.C. No.II, East Champaran (Motihari) in connection with S.T. No.347 of 2008 arising out of Rajepur P.S. Case No.57 of 2005, G.R. No.732 of 2005. Mkr. (Navin Sinha, J.)