IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39831 of 2009 MD. ALTAF, son of Md. Sherif, resident of Chak Haldar, P.S. Tajpur, District Samastipur, at present Sahganj (Mohmadichak), P.S. Kadamkuan, District Patna Versus THE STATE OF BIHAR ----------- 2. 19.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner faces allegation for offence u/s 395 I.P.C. relating to dacoity in the running train. Counsel for the petitioner would, however, submit that the petitioner has not been named in the F.I.R. and his complicity has only emerged by way of identification by one of the witnesses and further in the confessional statement of two of the three co-accused also apprehended by the police. Counsel for the petitioner, however, is not in a position to state about the criminal antecedent of the petitioner. The fact that the petitioner has not been able to reveal his criminal antecedent and also that he stands identified both by independent person as also named in the confessional statement of co-accused are some of such inter connected 2 circumstances which would only lead to an inference that the petitioner was rightly suspected as an accused in this case. That being so, this Court is not inclined to grant bail to the petitioner and his prayer for bail is hereby rejected. (Mihir Kumar Jha,J.) Surendra/