IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15778 of 2009 FOOLCHAND TURHA Versus STATE OF BIHAR ----------- 4 26.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Section 395 of Indian Penal Code. Between the intervening night of 13-14th June 2004, some unknown miscreants committed dacoity in the house of the informant on gun point and looted valuables amounted to Rs. 40,000/- . F.I.R. has been lodged against unknown. It is contended that the name of the petitioner surfaced in the confessional statement made by Ramdev Yadav. It is next contended that there is no test identification parade and no recovery was made. Learned counsel further submits that co-accused Surendra Yadav has been granted bail in this case under order dated 31.8.2005 passed in Cr. Misc. No. 29347 of 2005. Petitioner is in custody since 3.6.2008. Learned A.P.P. opposed the prayer for bail. Looking to the case diary, it has been submitted that apart from Ramdev Yadav, the name of petitioner surfaced in the confessional statement of one Kanhaiya Sao. Referring to the materials collected in case diary in paragraph nos. 108, 109 and 110, it has been submitted that the petitioner was subsequently identified while moving in a bazaar along with some accuseds including 2 Surendra Yadav. This court finds from the record that Surender Yadav and Ors were granted bail on the submission that except the confessional statement, there is no material against the petitioner. It further appears that they surrendered on 18.6.2005 and were granted bail in the year 2005 itself. The petitioner appears to have absconded for a long time. Having regard to the materials on record, this court is not persuaded to admit him to bail. His prayer for bail stands rejected. Looking to the period of incarceration, this court observes that if the trial of the case is not taken up within six months from the date of receipt/communication of a copy of this order, the petitioner may renew his prayer for bail. pkj ( Kishore K. Mandal, J. )