IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38737 of 2008 RAJU KUMAR SAW Versus STATE OF BIHAR For the petitioner : Mr. Tilak Sao, Advocate For the State : Mr. Upendra Kumar, APP ----------- 3 22.12.2008 Heard. The petitioner seeks bail in a case instituted under sections 395/412 of Indian Penal Code. Admittedly the F.I.R. was lodged against the unknown. From the materials that have been collected in course of investigation, it appears that petitioner was involved in vending gas cylinders in the area. On the basis of certain statements recorded by the police, the petitioner alongwith co-accused Ranjit and Dilip Kumar were arrested from a shop. It further appears that certain looted articles of different description were allegedly recovered from the possession of the petitioner. This was done on the basis of confessional statement recorded by co-accused Ranjit which has been signed by the petitioner as well. With regard to the identification of the looted articles, paragraph no. 121 contains statement that a purse containing specific mark and golden chain of the watch have been identified at the test identification parade. Counsel for the petitioner submits that there is certain deficiency in the test identification report. It has further been submitted that the petitioner is in custody since 13.10.2007. - 2 - Counsel for the State submits that on somewhat identical facts, co-accused Dilip Kumar has been refused bail by this Court. Counsel for the petitioner submits that aforesaid co- accused Dilip Kumar has remained in custody for a period of 7 months whereas the petitioner has remained in custody for over one year. Having regard to the facts, this Court is not inclined to admit the petitioner to bail, His application for bail stands rejected. Let the Trial Court take all efforts to take up the trial and conclude the same expeditiously. In the event, the trial of the case is not taken up within 7 months from the date of receipt of the order of this Court, the petitioner is given liberty to renew his prayer for bail. pkj ( Kishore K. Mandal, J )