IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23379 of 2009 KAMAL BAITHA Versus THE STATE OF BIHAR ----------- 02 30.07.2009 Heard both sides. Petitioner prays for grant of bail in a case instituted under Sections 392 of the Indian Penal Code. The case relates to commission of robbery in the running train. The occurrence has taken place sometime in 2003. The petitioner has surrendered and is in custody since 19.12.2008. Impugned order reflects that some of the witnesses have stated that the petitioner was seen in the compartment in course of commission of dacoity. Learned counsel submits that even if the aforesaid fact is accepted that the petitioner is in the compartment by itself is not incriminating material. This Court finds that the petitioner absconded for a petty long time and has recently surrendered in Court. In the facts and circumstances of the case, in the present, this Court is not inclined to admit him on bail. Prayer for bail is rejected. Petitioner, however, is at liberty to renew 2 his prayer for bail after six months, if in the meanwhile, the trial of the case is not taken up. P.K. (K.K. Mandal, J.)