IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16552 of 2009 RAJESH SAH, son of Gorakh Sah, resident of Gandhi Nagar, Ghorasahan, P.S. Ghorasahan, District East Champaran Versus STATE OF BIHAR . ----------- 5. 5.11.2009 Heard counsel for the petitioner and the counsel for the State. The allegation of section 394 of the Indian Penal Code against the petitioner gets corroborated immediately in the further statement of the informant where he had named the petitioner to be assailant giving Chhura blow on his thigh in course of scuffle during loot committed by a gang including the petitioner. Counsel for the petitioner, however, would submit that mere naming of one “Rajesh Boss” will not mean that it was the petitioner who had given the Chhura blow on the informant and since the petitioner has not been put on Test Identification Parade, it cannot be said with any sense of certainty and conviction that it is the petitioner who had committed the offence in question. The fact that the petitioner has a notorious past gets mentioned in paragraph 2 40 of the case diary and therefore, the expression “Rajesh Boss” if is being linked with the petitioner the same cannot be said to be either superfluous or insignificant. It is a serious offence and the petitioner has remained in custody only for a period of ten months and therefore, this Court is not inclined to grant bail to the petitioner for the present. His prayer for bail, therefore, is rejected. The trial court, however, keeping in view of the period of custody of the petitioner may expedite the trial. (Mihir Kumar Jha,J.) Surendra/