IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32469 of 2009 MANOJ YADAV Versus STATE OF BIHAR ----------- 2. 11.09.2009 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner is in custody in a Police case under Sections 302, 364, 201 and 379/34 of the Penal Code. The submission is that the FIR is against unknown. Urging false implication it is submitted that he has already been enlarged on bail in Fatuah PS Case No. 267 of 2008 also registered under Sections 395, 397 and 364 of the Penal Code from which he has been remanded in the present case. The allegations presently are that in the night of 13.12.2008 the informant and his friends had parked their trucks adjacent near the Punpun river in course of crossing the State of Bihar with consignment. They went to sleep in the night. In the morning his friend and their truck was not traceable. He went to the Police. Two bodies were found near the river. He recognised them as that of his driver friend and the Khalasi. The certified copy of the FIR in Fatuah PS Case No. 267 of 2008 has been placed before this Court. The occurrence therein is stated to have taken place on the night of 27.9.2008 at about 3.30 PM near a Line Hotel enroute to Biharsharif. The truck was waylaid also and the driver assaulted, the khalasi gone missing. The FIR was registered against unknown. This Court notices a marked similarity in the modus operandi. The location of both the occurrence is on the high-way for ingress and egress through the Sate. The occurrence as noticed above respectively is of 27.9.2008 in Fatuah PS Case No. 267/2008 and 14.12.2008 respectively. The petitioner was taken into custody in Fatuah PS Case No. 267 of 2008 on 27.1.2009. The submission that he has been enlarged on bail in the same to claim false implication and grant of bail presently does not impress this Court. On going through the impugned order of rejection this Court finds no reason to take any different view of the matter. The prayer for bail is rejected. Snkumar/- (Navin Sinha,J.)