IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43640 of 2009 1. JITENDRA SHARMA S/O KAILASH SHARMA R/O VILL.- DARDHA, P.S. SAKRA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR ----------- 3 31/03/2010 Heard Mr. V.K. Singh learned counsel for the petitioner and learned APP for the State. Earlier prayer for bail of the petitioner was rejected vide order dated 23.3.2009 passed in Cr. Misc. No. 4824 of 2009 considering the fact that the looted articles were recovered from the house of this petitioner. One of the looted articles- the voter identity card of Jaikishun Das, the brother-in-law of the informant was recovered from his house. The petitioner was identified by the witnesses Sudist Kumar and Shambhu Das. Submission is that one of the similarly accused Ram Pravesh Kumar has been admitted to bail vide order dated 3.2.2007. It appears that the ground for grant of bail to co- accused Ram Pravesh Kumar was that he was not identified in test identification parade and looted articles recovered from his house were also not identified by the witnesses. But the petitioner was identified by the witnesses. Considering the facts and circumstances of the 2 case, presently I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. However, the petitioner is at liberty to renew his prayer for bail if the witnesses namely, Sudhist Kumar and Shambhu Das do not support the identification of the petitioner during trial. avin (Shyam Kishore Sharma, J.)