IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30217 of 2010 AJAY YADAV Versus THE STATE OF BIHAR ---------- 3. 08.10.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Khagaria Rail P.S. Case No. 37 of 2009 for offence punishable under Sections 395 and 397 of the Indian Penal Code. The substance of allegation as set out in the first information report instituted on the basis of the statement of the A.S.I. Hulash Singh, a member of the escort party, is that the accused persons attacked the escort party with fire arms, looted and also assaulted them in which one of the Hawaldars, namely, Rajeshwar Mandal died. The name of the petitioner has transpired during the course of investigation and who has also been identified by some of the witnesses, the names of which has come up in paragraphs 168, 169 and 170 of the case diary. The petitioner also has Criminal antecedent which fact has also been expressed in the case diary. A looted rifle was found in and around the residence of the petitioner, is also manifest from the case diary. It is in the aforesaid circumstances that the petitioner 2 has been taken into custody. Having regard to the circumstances aforesaid, I am not inclined to consider the prayer made on behalf of the petitioner for bail and the same is rejected. The application is dismissed. Devendra/ (Jyoti Saran, J)