IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51636 of 2008 KUNDAN PASWAN Versus STATE OF BIHAR ----------- 4. 15.5.2009 Heard counsel for the petitioner and the counsel for the State. Normally in a case of this nature where the complicity of the petitioner for an offence u/s 392 I.P.C. would have been confined on the confession of a co-accused as was sought to be painted at the time of filing of the F.I.R., the petitioner could have been enlarged on bail. In fact it was on the aforesaid impression created by the counsel for the petitioner that this Court had granted interim protection to the petitioner while calling for the case diary and the report of criminal antecedent. From the case diary, it however now transpires that on the tip-off of one Mahabir Kumar a co-accused who was apprehended at the spot, and had the petitioner and others, when the police proceeded further and had raided the house of co-accused Suraj Paswan, the stolen articles in the occurrence were recovered from his possession. Such articles also were 2 later put on Test Identification Parade and they were identified by the informant. This Suraj Paswan has also given a detailed statement in which he again had implicated this petitioner to be a person with a dubious past and gives a detail of an earlier incident, in which both are said to have been taken into custody and sent to jail. This case, therefore, no longer remains one based on confessions of co- accused alone and infact the allegations against him stand substantiated from the other connected circumstances and materials. Counsel for the petitioner, however, would submit that the statement of Suraj Paswan that he and the petitioner had been taken together in custody in connection with a criminal case should not be believed. This Court, however, would find that there is no averment in whole of the bail application that the petitioner has no criminal antecedent or that he had never been taken into custody. That being so, this Court would not find it a fit case for grant of anticipatory bail. Accordingly, the prayer for bail of 3 the petitioner is hereby rejected. The petitioner, who is named in the F.I.R. and a charge sheet has also been filed against him showing him as an absconder, must surrender in the court below within a period of four weeks from today and if the petitioner fails to do so, both the court below and the police would take coercive measures against the petitioner. With the aforesaid observations and directions this application is dismissed. (Mihir Kumar Jha,J.) Surendra/