IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12388 of 2009 RADHEY PASWAN S/O Late Ramchandra Paswan Resident of Village Tekana Form P.S. Bodh Gaya, District-Gaya. Versus STATE OF BIHAR ----------- 5 8/9/2009 Heard counsel for the petitioner and counsel for the State. Petitioner is an accused in a Bank dacoity case under section 395 of the Indian Penal Code. Counsel for the petitioner submits that the petitioner was neither named in the First Information Report nor any material has come against him in course of investigation except confessional statement of a co- accused. The petitioner was given an opportunity to explain as to whether he had any criminal antecedent and despite expiry of a period of one week for this purpose no such supplementary affidavit explaining criminal antecedent of the petitioner has been filed. This Court therefore has to proceed that the petitioner has criminal antecedent and that is why neither statement was made in the main application nor despite opportunity given supplementary affidavit was filed. That being so, merely because the petitioner claims that his implication is on the basis of confessional statement, this Court cannot ignore gravity of the offence, namely, Bank dacoity. Considering the aforementioned aspects, prayer for 2 bail of the petitioner is hereby rejected. Abhay Kumar (Mihir Kumar Jha, J.)