IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21447 of 2010 SANTOSH KUMAR @ DHURI, son of Naresh Yadav, resident of village Chandasi, P.S. Nursarai, District Nalanda Versus STATE OF BIHAR ----------- 4. 8.10.2010 Having heard counsel for the petitioner and the counsel for the State as also taking into account that the allegation against the petitioner of committing dacoity has also been somehow substantiated by recovery of looted articles and that the petitioner has criminal antecedent of the accused in at least three more cases, this Court is not inclined to grant bail to the petitioner for the present, even when the counsel for the petitioner would rely on an order dated 22.7.2010 granting bail to co- accused Arun Paswan in Cr.Misc. No. 12991/2010. From the said order it does not appear that the recovery from his conscious possession was gone into but then from perusal of the case diary it becomes clear that whereas recovery was made from the conscious possession of the petitioner, such recovery in the case of Arun Paswan was shown to be around his house which cannot be said to be from his conscious possession. 2 Additionally this Court would find that this Court had not taken into consideration any such criminal antecedent as is found in the case of the petitioner. That being so, the prayer for bail of the petitioner is, hereby, rejected. (Mihir Kumar Jha,J.) Surendra/